Why Estate Planning and Wills are so important in Elder Law?
One of the most important aspects of elder law is estate planning, which involves drafting wills, trusts, and other legal documents to ensure an individual’s assets are distributed according to their wishes. A well-structured estate plan helps prevent disputes and minimizes tax liabilities.
Modern family structures and assets are increasingly complex, making it essential for everyone to have an Estate Plan. Reviewing your Will and Power of Attorney documents every 2–3 years with a solicitor ensures they remain valid and align with your current circumstances.
Appointing Enduring Powers of Attorney and Enduring Appointments of Guardian
With advancements in healthcare allowing people to live longer, it’s important to consider who will make decisions on your behalf if you lose the capacity to do so.
Legal instruments such as Enduring Powers of Attorney and Enduring Appointments of Guardian allow individuals to appoint trusted persons to manage their financial, property, healthcare, and personal care decisions if they become incapacitated.
Choosing someone you trust implicitly—who exercises good judgment—is essential. Without these formal appointments, anyone can apply to the Guardianship Tribunal for decision-making authority over your affairs, which may be a concerning thought for some.
Power of attorney and guardianship documents can also include specific instructions, conditions, or limitations that must be followed. For example:
- A directive stating no life support or aggressive medical treatment if you are in a vegetative state from which you are unlikely to recover
- A preference to remain living at home and receive private nursing domestic assistance rather than moving into aged care.
These provisions offer peace of mind, ensuring your wishes are respected.
Elder Abuse and Exploitation – Neglect, Fraud and Mistreatment
Sadly, older adults can be vulnerable to physical, emotional, and financial abuse. Shockingly, most elder abuse cases involve a family member as the perpetrator.
Experienced elder law solicitors can advocate for seniors, taking legal action against caregivers, family members, or institutions involved in neglect, fraud, or mistreatment. Protective measures such as restraining orders or legal guardianship can be implemented to safeguard vulnerable individuals.
Why Elder Law Matters and Seeking Legal Advice Early is so Important
Elder law is essential in preserving seniors’ autonomy and dignity as they age. Without proper legal planning, older adults risk facing financial hardship, loss of rights, or inadequate care. Seeking legal advice early can help prevent potential problems and protect seniors from exploitation, ensuring their future is secure.
Elder Law and Guardianship Lawyers
Gillian Hunter
Partner – Elder Law Lawyer
Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible.
Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.
Gillian is a self-confessed Wills and Estates tragic who finds satisfaction in harnessing her acute knowledge of the applicable legislation and case law to procure good outcomes for her clients.
Gil’s mantra is “conversations should be bridges, not battlefields” and she applies this in her dealings with other lawyers, to bring about innovative and prompt resolutions.