We are now living longer than ever before, so it is important that the needs and rights of our older family members and loved ones are provided for and protected.
Our experienced and qualified team are able to help your family, to ensure that your older loved ones are treated with dignity and to assist them in situations where they have been unlawfully taken advantage of.
We can assist in areas such as:
- Providing advice regarding various accommodation options, including granny flat and retirement village accommodation.
- Preparing granny flat agreements.
- Providing advice on retirement village contracts.
- Making administration and guardianship applications to QCAT.
- Advising and acting in situations where there has been misuse of Enduring Powers of Attorney.
- Lodging caveats to protect an older persons property.
- Assisting revoking signatory arrangements at banks.
- Making applications to the Court as might be necessary to reverse transfers.
- Making applications to the Court as may be necessary to obtain compensation.
Whatever it takes, Springwood Lawyers can assist you.
Administration and Guardianship Applications
In the absence of having an Enduring Power of Attorney or if the Enduring Power of Attorney is no longer appropriate, an application can be made to the Queensland Civil and Administrative Tribunal (‘QCAT’) for an administration or guardianship order, in circumstances where an adult is unable to make decisions for themselves.
Elder Financial Abuse
These matters involve the loss by an older person of their assets, such as the depletion of their savings or the transfer of their home in circumstances where a child or family member or a carer or an acquaintance enters into an arrangement with the older person, whereby they receive such monies or transfer of property from the older person for nil or less than market value.
Granny Flat Agreements
While it is reasonable to want to stay living in your own home for as long as possible, the changes accompanying advanced age may make it necessary to consider other accommodation alternatives. A granny flat typically involves an aged parent moving into the home of one of their children to be looked after for as long as the extended family can provide the required support.
Misuse of Enduring Powers of Attorney
As our population lives longer but becomes more frail, there has become an increasing need to appoint substitute decision makers under Enduring Powers of Attorney. Unfortunately this increased use of Enduring Powers of Attorney has also increase the prevalence of financial exploitation of older persons by attorneys.
Retirement Village and Nursing Home Accommodation
Retirement village accommodation is generally a more legally secure arrangement than granny flat accommodation. Contract documents can seem overwhelming however and you will likely need advice to understand the upfront, ongoing and exit costs related to entering a retirement village contract. Obtaining legal advice with respect to nursing home contracts is also prudent.