Legal Issues for Older Persons
Moving to a retirement village is a big change, and you should have any contract reviewed to ensure it complies with relevant legislation and you know your rights. Not all lawyers or conveyancers are experienced with dealing with Retirement Village contracts, but the team at LS Legal are.
Buying into a retirement village is not like buying your own home.
There are many different types of retirement villages and how you own the property so it is important you understand what you are purchasing.
Whilst the industry is heavily regulated, we have seen examples first hand where the documents were not in order. Don’t take a chance, have your contract thoroughly checked, and receive advice about all aspects of retirement villages.
We offer fixed fee reviews of Retirement Village Contracts and are here to help you through the process.
Aged Care Facilities
When you or a loved one need to go into an aged care facility, you will be presented with reams of information, mostly focused on the costs.
You will often be asked to just sign the documents, without being given much of an opportunity to go through them.
Even if you do go through them you may be confused and also think they are standard terms so you cannot do anything about them.
We can help cut through the jargon. There are important aspects that you need to understand. It pays to have an experienced lawyer go through the documents. At LS Legal we endeavour to provide you with plain English explanation of the documents and make sure the documents comply.
We have experience dealing with Aged Care Complaints, and can assist you raise any concerns with the facility and the Department of Health & Ageing.
We are here to help you, so please contact us today.
Powers of Attorney
Powers of Attorney are powerful and important documents. A power of attorney enables a trusted person or organisation such as the NSW Public Trustee or trustee companies deal with the person’s finances, property, other assets and legal affairs on their behalf.
It is important that the person(s) appointed attorney are trusted individuals. It is important they are aware of their obligations and duties imposed on them in being your attorney. We advise what they can and can’t do.
We can assist if you think someone is misusing a power of attorney. We can assist you appoint a power of attorney.
A power of attorney does not allow someone to make decisions as to where they should live, what health care they receive or any end of life decisions. A power of attorney can take effect immediately, or it may only take effect if the person lacks capacity to make decisions or deal with assets themselves.
A power of attorney can also be used as a means of financially abusing an elder person, and we can assist with strategies to minimise the risk of being exposed in that way.
If someone has already lost capacity, we can assist in obtaining financial management orders for them, if required.
At LS Legal we offer competitive fixed fees for preparation of powers of attorney.
An Enduring Guardianship is where you appoint someone as your guardian in the event you lose capacity to make decisions about your health and lifestyle, including where you should live, what doctors you see and what other lifestyle services you should receive.
It does not enable someone to deal with the assets, finances and property of the person under guardianship.
LS Legal offers competitive fixed fees for these documents.
Elder Abuse can take many forms. It is someone having power and control over another (often vulnerable) person.
Some forms of elder abuse are:
- Influencing an elderly person to change their Will;
- Influencing an elderly person to appoint someone an attorney or enduring guardian;
- Getting someone to transfer property for nominal amounts;
- Lack of appropriate health care being received;
- Lack of contact with relatives and friends, especially if it is out of character;
- Using an elderly persons’ money and possession for your own personal gain;
- Giving money away to third parties;
- Physical abuse and violence;
- Unnecessary control over an elderly person.
At LS Legal we have experience in assisting family and other concerned individuals in addressing and preventing elder abuse, or undoing its effects in terms of challenging a will after the elderly person has died.
We are passionate about consumer rights especially in respect of elder persons, and engage local communities in providing free seminars on various areas concerning elderly and consumer protection. We welcome the opportunity to speak at your local event on this topic.