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Elder

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015

I2. How a Lawyer Can Helpf you are an older person living in Australia there are a number of ways that a lawyer can assist you.

When planning your future you should always consult with a lawyer who specialises in estate planning. An estate planning lawyer can:

  • advise you on the different planning tools available which are best suited to your individual needs;
  • guide you in the most appropriate way to distribute your assets to give effect to your wishes and prevent your will from being challenged by family members after your death; and
  • advise you on the implications of creating a power of attorney and an enduring guardianship.

If you feel that you are a victim of elder abuse or age discrimination you should contact a lawyer as soon as possible. A lawyer can:

  • discuss with you your rights under the law and any actions available to you; and
  • help you pursue any claims under age discrimination or elder abuse laws.

If you are considering living in an aged care facility or a retirement village you should discuss your legal obligations and rights with a lawyer. A lawyer can:

  • help you to understand a contract of sale or a lease agreement before you commit to living in a retirement village;
  • advise you on the types of recurring costs associated with living in a retirement village or an aged care facility;
  • help you to ensure that you maintain your legal independence in the event that things go wrong; and
  • help you protect your assets against any claims by an aged care facility. 

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