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Australian Elder Law

July 3, 2018 by Patrick McHugh & Co. Solicitors

Our principal solicitor Richard McCullagh has recently had his second Law text book published by Thomson Reuters – Australian Elder Law, Accomodation, Agency and Remedies in Australia. 

This new book 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 law.

Richard delves deeply into Where an elder should live, and the pro’s and cons of six distinct options:

  • staying in the family home
  • downsizing to a smaller home
  • moving into a granny flat in the child’s home
  • moving into a retirement village
  • moving to a manufactured home park
  • moving into residential aged care

imperative to financial safeguards Richard covers 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 and enduring power of attorney
  • appointing an enduring guardian and
  • making an advance care directive

How to go about, if the above appointments are no longer beneficial or were never made, and the elders 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.

This very practical and in depth guide, takes the reader through the issues of  geopolitical and fiscal pressure, caused by a decline in the pool of individual tax payers to fund the escalating costs of the age pension, health and care costs for elders, these problems are demonstrated and solutions devised through meaningful and relevant case studies.

If you would like to purchase a copy please visit the Thomson Reuters website https://legal.thomsonreuters.com.au/retirement-village-law-in-nsw/productdetail/120252

Or if you are in need of a legal solution and would like Richard’s expert advice, please contact our office for a consultation:

02 4369 6975

Filed Under: News Tagged With: aged care, asset protection, Elder Law, enduring guardian, financial safeguards, powers of attorney, retirement villages, Richard McCullagh

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Patrick McHugh & Co.

Established in 1972, Patrick McHugh & Co. Solicitors is a Kincumber based firm with extensive experience in providing legal services to the Kincumber area and greater New South Wales.

Contact Us

  • 113 Avoca Drive
    KINCUMBER NSW 2251
  • PO Box 1356
    GOSFORD NSW 2250
  • [email protected]
  • (02) 4369 6975
  • (02) 4369 6980

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