Australia has an aging population. Certain laws have been tailored to better suit the needs and protect the interests of our elders. Elder law is an expansive and expanding area of law in Australia. It covers important issues that affect the day-to-day lives of older Australians. Some of the elements of elder law in Australia include:

• the making of future planning tools such as wills, powers of attorney and enduring guardianships;
• living in retirement villages;
• living in aged care facilities; and
• protection against age discrimination.

In Australia the term ‘elder’ is not defined under the law. There are some government funded entitlements and protections that specify age as a criteria. For example the eligibility age for the age pension in Australia is currently 65 years. In Queensland section 340 of the Criminal Code 1899 (QLD) specifies that any assault committed against a person who is 60 years or more is considered a serious assault. Access to superannuation is dependent on meeting preservation age criteria or reaching the age of 65 years. These are just some examples of an increasingly expanding body of law that aims to better protect the interests of elders.

Laws specifically affecting elder members of the community sometimes reflect a community view that the elderly are considered vulnerable to mental and physical impairment. There are clearly many elders in our community who are not vulnerable and enjoy their full mental and physical health. Those who do suffer from impairment may be dependent on others to meet their day-to-day needs and may also require assistance to manage their financial and personal affairs. As the aging population increases it is anticipated that more and more new laws will be made to protect their interests.

This Legal Guide on Elder Law provides older members of the community and their carers with a general overview of relevant laws based on the position in NSW at the time of writing. Most other states and territories have similar laws. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in the area of Elder Law.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.