Elder Law
Legal Issues
You
will grow old, and,
You are part of an aging population!
That
is why Elder Law is an area of law that is growing in importance. There
are many issues that will arise, as you, or your loved ones age.
These
issues are not unusual; they are the simple things; living
arrangements, health care, and the day to day matters, that can cause
the most problems, as you, or your loved ones age.
Many problems can be avoided, by the simple
approach, of proper planning.
Below, is an overview of the main issues in Elder
Law, with links to other articles giving more specific advice.
So, What
Are The Legal Issues In Elder Law?
As
you, or other people close to you, age, a number of problems can arise.
Not all problems can be solved through the legal system. However, the
most common problems, which can be addressed by proper planning, and
assistance of your family lawyer concern the following:
Accommodation
Health &
Welfare
Income &
Money
By careful planning, and, decisions made at the
right time, you can
ensure that the proper tools exist for the people you trust, to step
in, and look after you, and take control on your behalf, if needed.
Accommodation
At some time or other,
either you, or someone you know, will have to consider alternative
accommodation arrangements. If it is part of the aging process, it is
the time, to consider all the options available. There are a variety of
accommodation options. Each have their own issues, which should be
looked at carefully, to ensure you make the right choice.
To learn more about the different types of
accommodation, and the specific issues in elder law, click here.
Health and Welfare
As you age, health
can deteriorate. Worse though, is the risk that your mental functioning
deteriorates. Problems, such as dementia or alzhiemers, are very real,
for many people. If this happens, it means that you will be unable to
make the important health and welfare decisions.
However, they
are not the only health risks that increase with aging. The risk of
strokes and other incapacities, which do not affect your mental
functioning, but leave you incapable of properly making these
decisions, also increase with aging.
If any of these problems
arise, someone has to step in and make these decisions for you. Whilst
you are still mentally and physically capable, you can create the
necessary legal document, known as Appointment of an Enduring Guardian,
appointing the people you trust to do this.
To
learn more about the Enduring Guardian document you can create, to
ensure the right
people make this decision for you, when you can't, click here.
More often than not, medical practitioners, will
follow the
advice of close relatives, who step in to make the decisions for
someone who can't, but, increasingly, they and hospital staff are
demanding the provision of the Enduring Guardian appointment, before
they will do as requested.
This document is not just about
medical decisions. It also appoints the power for the person to make
decisions about accommodation and other important health and welfare
matters.
If you don't appoint someone to be your guardian,
all is
not lost. Someone, and it may be someone you don't want, can apply to
have an order made appointing them as your guardian. If there is
no-one, then a public guardian will be appointed.
The appointment
of a guardian, will ensure, that the person or people you trust, to
make the decisions you want, are enabled to do so.
Income and Money
The comments above, in
regard to health and welfare, apply to this issue in elder law. You can
create a legal document, known as an Enduring Power of Attorney,
appointing whomever you trust, to manage your financial affairs. This
document is purely about financial affairs, as distinct from health and
welfare.
To read more about the Power of Attorney,
click here.
The issues in elder law, are not rocket science.
More often than
not, it is about the common sense approach to planning what happens as
you age. It is about providing the tools to the people you trust, to
step in, if necessary, and make the important decisions for you.
Click for a general advice on the
various personal documents, you should think about creating.
However,
much of the decisions, and the planning, require the advice of your
family lawyer, or solicitor. Many of the decisions made, require the
proper preparation of the necessary documents, or involve the creation
of legal relationships. Such guidance should be sought, sooner, rather
than later.
Contact:
Phone
02-4332
1055 Fax 02-4333
5144
email:
legal@drakegroup.com.au
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