Australian Elder Law : Accommodation, Agency and Remedies in Australia - Richard McCullagh

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Australian Elder Law

Accommodation, Agency and Remedies in Australia

By: Richard McCullagh

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Paperback | 20 June 2018 | Edition Number 1

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Paperback

Dimensions(cm)
23.5 x 15 x 3.5

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Australian Elder Law, authored by Richard McCullagh 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.

This publication provides practical advice about four main topics:

where an elder would and should live, and the pros and cons of six distinct options
staying in the family home
downsizing from the ‘empty nest’ to a smaller home
moving into a granny flat in a child’s home
moving to a retirement village
moving to a manufactured home park, or
moving into residential aged care.

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 an enduring power of attorney
appointing an enduring guardian, and
making an advanced care directive.

how to go about, if the above appointments are no longer beneficial or were never made, and the elder’s 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

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