Australian elder law : accommodation, agency and remedies in Australia / by Richard McCullagh.

Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia Ltd., 2018.

1st edition

88505

Older people -- Legal status, laws, etc. -- Australia.

Older people -- Australia.

Home equity conversion.

Older people -- Finance, Personal.

PART 1: Introduction

1: Australian Elder Law: Accommodation, Agency and Remedies

PART 2: Accommodation

2. Introduction to Accommodation

3. Income Support Payments for Elders

4. Why don't I Stay in My Own Home?

5. Should I Downsize to a Smaller Home?

6. Should I Move into a Retirement Village?

7. Manufactured Homes

8. Granny Flats

9. Residential Aged Care

PART 3: Decision-making Agency

10. Who can speak for me if I no longer can or want to?

11. Enduring Powers of Attorney (EPOAs)

12. Financial Management Orders (FM Os)

13. Enduring Guardian Instruments (EGis)

14. Guardianship Orders (GOs)

15. Advance Care Directives (ACDs)

16. Assisted Decision-Making (ADM)

PART 4: Remedies

17. How can Financial Wrongs to Me be Righted?

18. Contractual Duties

19. Fiduciary Duties

20. Unconscionable Conduct

21. Undue Influence

22. Resulting Trusts

23. Proprietary Estoppel

24. Constructive Trusts

25. Statutory Property Adjustment Orders

PART 5: Matrices

26. Elder Law Matrices.

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: 1. 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. 2. 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. 3. 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 appointedition: 4. 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 continuedition: - Publisher's website.

Australian elder law

9780455500867

lxii, 567 pages ; 25 cm