A Practical Guide to Legal Issues for Older People

Chapter Overview:

Keeping Matters under Review — highlights the need to maintain regular reviews of matters that affect older clients and their families and is structured by reference to a useful framework for addressing legal issues.

Ethics with Older Clients — considers the ethical obligations that apply to professionals, which can too easily be overlooked as people age and require greater family assistance.

Capacity Assessment — introduces the legal concept of capacity, provides an overview of the capacity assessment process and applies them in a range of age-related concepts.

Wills — is a comprehensive assessment of wills and all matters relating to death, testamentary promises and wishes, including challenges to wills.

Enduring Powers of Attorney for Property — addresses enduring powers of attorney in relation to property as well as the alternative process for appointing a property manager.

Planning for Personal Care and Welfare — considers health and disability rights and related consumer matters and the enduring power of attorney (personal care and welfare).

Family Trust Matters — canvases a plethora of issues surrounding trusts and the realities of long-term intergenerational asset and estate planning. The consequences of incapacity are discussed and practical case studies are provided.

Residential Care Subsidies — gives a concise overview of the residential care subsidy.

Later-Life Relationships — explores the practical realties of romantic relationships for older people.

Retirement Funding and Income — looks at a range of retirement funding and income issues for older clients, including reverse annuity mortgages and other relevant financial products.

Retirement Villages — provides a comprehensive, current guide to retirement villages, including advice on occupation licences and other matters a person contemplating a retirement village needs to know about and understand.

Care in the Community — identifies and discusses community care options and services for older people.

Multi-Generational Households — provides a far-ranging consideration of issues that arise in multi-generational living situations. It includes a useful question and answer section that helps to explore the pitfalls that can arise when multiple generations share a home.

Elder Abuse — discusses the regrettable reality of elder abuse and the different forms it takes. It provides practical guidance on how to identify elder abuse and how to seek help.

Human Rights and Discrimination — considers the human rights and discrimination legislation that applies to older people.

Family Loans — includes practical case studies relating to issues relating to family loans. It includes a precedent Acknowledgement of Debt and a checklist of important matters to consider.

Older People and Criminal Law — discusses the issues facing older people in the context of criminal law.

Funeral Arrangements — provides information about funeral plans and pre-paid funerals.

Mitigating Family Disputes upon Death — is a practical guide to ways to mitigate family disputes that might cause significant problems after someone’s death.