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Australian Elder Law: Accommodation, Agency and Remedies in Australia
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Australian Elder Law: Accommodation, Agency and Remedies in Australia

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Overview
ISBN 9780455500867 Published 20 June 2018
Description

Australian Elder Law, authored by Richard McCullagh details how to identify and deal with important legal problems increasingly faced by older Australians and their families. It is intended to help lawyers primarily, but also accountants, financial planners and care providers through the expanding labyrinth of elder lawThis publication provides practical advice about four main topics:

 

  • where an elder would and should live, and the pros and cons of six distinct options
    • staying in the family home
    • downsizing from the ‘empty nest’ to a smaller home
    • moving into a granny flat in a child’s home
    • moving to a retirement village
    • moving to a manufactured home park, or
    • moving into residential aged care.

 

  • who an elder would and should appoint to speak for them, and make legally effective decisions, about their property, accommodation and health matters, via delegated decision making by
    • appointing an enduring power of attorney
    • appointing an enduring guardian, and
    • making an advanced care directive.

 

  • how to go about, if the above appointments are no longer beneficial or were never made, and the elder’s capacity for self-management is now lacking,  implementing substitute decision making by
    • applying to have a financial manager appointed, or
    • applying to have a guardian appointed.

 

  • what to do about undoing a gift by an elder - including by his or her power of attorney - where the elder was unaware of it, prevailed upon, or promised something in return that cannot now be brought into effect or continued.
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