What is Elder law?

By Linda Babister
Elder law encompasses a number of legal fields which become more significant for you and your family as you age and may need consideration:
Estate management – the most obvious area this covers is making a Will, but it also includes superannuation management, pensions, creating a Trust, taxation issues, challenging a Will, and probate and administration.
Delegated decision making – a Power of Attorney allows a trusted person to manage your financial affairs, whilst an Enduring Guardianship permits a loved one to make personal decisions, such as where you will live, and what medical treatment you may have.  They may be given to the same person, or different people, and may be revoked at any time whilst you are able to make your own decisions.
Elders in Society – includes all matters regarding the importance of maintaining elders in our modern society.  Some of the issues arising in this field are negligence, elder abuse (financial and competence contexts), confidentiality and discrimination issues, age and disability discrimination.
Property – retirement village living, selling and buying property, downsizing, building a “granny flat”, guaranteeing a loan, reverse mortgages, or even having your adult children moving back in for financial or caring reasons.
There are many reasons you may want legal advice or a formal written agreement, just to ensure everyone understands the “rules”.

Please feel free to contact Lynda Babister at Babister Legal, 4294 3458, or 0418 604 098 or email lynda@babisterlegal.com.au for any of your legal requirements.