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Elder law covers the legal issues that commonly affect older people and their families. In Fairfield, which is in Greater Western Sydney, elder law matters are governed by a mix of New South Wales - state laws and Commonwealth - federal laws. Common topics include wills and estates, powers of attorney and enduring guardianship, guardianship and tribunal processes, aged care access and funding, elder abuse and financial exploitation, and income and welfare entitlements. Practical outcomes often involve estate planning, decision-making for people who lose capacity, negotiating aged care arrangements, and protecting older people from harm or exploitation.
You may need a lawyer who specialises in elder law when legal issues are complex, contentious, or involve substantial financial or personal decisions. Common situations include:
- Preparing or updating a will to reflect changed circumstances or blended family arrangements.
- Setting up an enduring power of attorney or enduring guardian to ensure trusted people can make financial or personal decisions if capacity is lost.
- Challenging or defending a claim against an estate - for example claims by a family member who says they were left out unfairly.
- Responding to alleged financial abuse or scams targeting an older person.
- Advising on the legal and financial consequences of entering residential aged care - including accommodation payments and means-testing.
- Representing a young-older adult or their family in NCAT - the tribunal that handles guardianship and financial management orders in NSW.
- Obtaining urgent legal protection or advice if an older person is at risk of harm or their decision-making is being undermined.
Key laws and local systems relevant to elder law in Fairfield include both NSW statutes and Commonwealth aged care rules. Important points to know are:
- Wills and estates: In New South Wales the Succession Act 2006 sets out formal requirements for valid wills and the rules for distributing assets. NSW also recognises family provision claims where an eligible person can ask the court for provision from an estate.
- Powers of attorney and enduring guardianship: The Powers of Attorney Act 2003 (NSW) governs enduring powers of attorney for financial matters. The Guardianship Act 1987 (NSW) and related NCAT processes cover appointment of guardians and management for personal and lifestyle decisions. People can appoint an enduring guardian to make health and personal decisions when they lack capacity.
- Tribunal and oversight bodies: The New South Wales Civil and Administrative Tribunal - NCAT - handles applications about guardianship and management orders and reviews of substitute decision-making. The Office of the Public Guardian and the NSW Ageing and Disability Commissioner provide oversight and advocacy in some situations.
- Aged care laws and assessments: Commonwealth law - the Aged Care Act 1997 - governs access to government-supported aged care. Local assessments for government-funded services are organised through My Aged Care and local Aged Care Assessment Teams - ACAT. Fees for residential and home care are set under Commonwealth rules and involve income and asset testing.
- Elder abuse and criminal matters: Financial abuse, physical assault or neglect may attract criminal or civil remedies. NSW Police take immediate danger seriously and there are civil protections and tribunal orders to restrict or reverse inappropriate financial transactions in some cases.
- Local services: Fairfield has community legal services, multicultural supports and local council services that can help older residents navigate language, cultural and practical barriers when arranging legal or aged care supports.
A will deals with how a person’s property is distributed after death. An enduring power of attorney authorises someone to manage a person’s financial and legal affairs while they are still alive but may no longer be able to manage them. Both documents serve different purposes - one acts at death, the other during life.
To be valid in NSW a will must be in writing, signed by the testator (the person making the will) in the presence of two witnesses who also sign. The testator must have testamentary capacity at the time - the ability to understand the nature and effect of the will. Seeing a lawyer who understands NSW succession law helps ensure the will reflects your intentions and reduces the risk of dispute.
An enduring guardian is a person appointed under NSW law to make personal, lifestyle and health decisions for someone who lacks capacity. An advance care directive or statement sets out a person’s wishes about medical treatment. An enduring guardian makes decisions consistent with any valid advance care directive and the person’s best interests when the person cannot decide for themselves.
Commonwealth rules require an assessment of care needs and a means test for accommodation and care fees. Residents usually pay a basic daily fee and may pay additional means-tested care fees or accommodation costs depending on income and assets. The exact amount depends on the ACAT assessment and financial assessment under the Aged Care Act rules. A lawyer or financial adviser experienced in aged care can help explain options and implications.
If someone is in immediate danger phone NSW Police. For financial abuse without immediate danger, gather evidence of transactions, revoke or vary powers of attorney if possible, contact the financial institution and report concerns to the NSW Ageing and Disability Commissioner or the Office of the Public Guardian. A lawyer can advise on civil recovery, restraining orders, or applying to NCAT for financial management orders.
Yes. Certain people - such as a spouse, de facto partner, children and sometimes others depending on the circumstances - can make a family provision claim seeking reasonable provision from an estate if they were not adequately provided for. These claims are subject to time limits and specific legal tests, so early legal advice is important.
If there is no valid enduring power of attorney or enduring guardian, interested people can apply to NCAT for appointment as a guardian or financial manager. The tribunal assesses capacity and appoints a substitute decision-maker. The process can be more time-consuming and costly than having arrangements in place beforehand.
Costs vary by lawyer, complexity and whether matters go to tribunal or court. Many lawyers offer an initial consultation fee or a fixed-fee initial review. Legal Aid NSW and community legal centres may provide free or low-cost help for eligible clients. Ask about fee estimates, billing methods and whether alternative dispute resolution or negotiated outcomes might reduce cost.
Community legal centres in Fairfield and across NSW, Legal Aid NSW, and specialised elder abuse or seniors legal services provide free or low-cost advice depending on eligibility. Local council ageing services and multicultural support services can also help with referral and practical support for people who face language or mobility barriers.
Bring identification, any existing wills, powers of attorney, medical or capacity assessments, bank and asset information, details of pensions or Centrelink entitlements, a list of concerns and a summary of what outcome you seek. Bringing relevant documents and a clear summary speeds up advice and helps the lawyer assess options accurately.
When you need information or support, consider contacting or exploring services provided by these types of organisations in NSW and locally in Fairfield:
- NSW Civil and Administrative Tribunal - for guardianship and financial management applications.
- NSW Trustee and Guardian - for estate administration, wills and administration services.
- Legal Aid NSW and local community legal centres - for free or low-cost legal assistance.
- My Aged Care and local Aged Care Assessment Teams - for aged care assessments and access to government-funded services.
- Aged Care Quality and Safety Commission - for complaints and quality issues in aged care.
- NSW Ageing and Disability Commissioner and the Office of the Public Guardian - for reports about abuse and advocacy for people with impaired decision-making capacity.
- Fairfield City Council - local community and ageing services and multicultural support agencies that can help with navigation and referrals.
- NSW Police - for immediate danger or criminal offences.
If you think you need legal assistance in elder law - consider these practical next steps:
- Gather documents - wills, powers of attorney, medical reports, bank statements and a clear timeline of events or concerns.
- Make initial enquiries - phone a community legal centre or Legal Aid NSW to see if you qualify for free help. If not, ask lawyers about a short initial consultation or a fixed-fee review.
- Prepare questions - list your priorities, desired outcomes and any time constraints, for example urgent protection or imminent aged care placement.
- Seek specialist advice - choose a lawyer with experience in elder law, estates or aged care to ensure they understand the interplay of NSW and Commonwealth rules.
- Act quickly in urgent situations - for elder abuse or suspected fraud contact NSW Police and report to relevant protective bodies such as the NSW Ageing and Disability Commissioner or NCAT for urgent orders.
Getting the right advice early can protect rights, preserve assets and reduce stress for older people and their families. If you are unsure where to start, a community legal centre or aged care advocate in Fairfield can help point you to the most appropriate specialist.
