Incorporating WA Family Law and Perth Probates.
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Elder Law
ELDER LAW
ELDER LAW IN PERTH
ABOUT PERTH PROBATES
We are Expert Lawyers in all aspects of Wills, Estates, Estate Planning and Elder Law.
If you are facing a challenge in the areas of Wills, Estates, Estate Planning or Elder issues and don’t know what to do.
Call Us – We Do.
We have 2 offices across Perth in Applecross and Cockburn Central.
ELDER LAW
What can be done to assist people who are unable to care properly for themselves?
Who looks after people who do not have the mental capacity to manage their own lives? Is there a way to protect people from being taken advantage of when they cannot look after themselves?
Guardianship gives someone the legal authority to make decisions for another person who does not have the capacity to do so for themselves.
An Administrator is someone appointed to manage the financial affairs of a person with impaired decision-making capacity.
To make an application to become or appoint a Guardian and/or Administrator an interested person must apply to the State Administrative Tribunal. When appointing a Guardian and/or Administrator SAT must be satisfied that:
- The person requiring a Guardian/Administrator has impaired capacity;
- There is a need for decisions to be made for him/her; and
- A decision maker is required to ensure that their needs are met, and their interests are protected.
- Who can act as a Guardian?
A Guardian can be a family member, a friend, or any other person with a genuine and continuing interest in the welfare of an adult with impaired decision-making capacity. The person appointed as Guardian must not be a paid carer.
In circumstances where no appropriate Guardian can be found the Adult Guardian may be appointed. The Adult Guardian is a public servant whose role is to protect the rights and interests of adults who do not have the capacity to make their own decisions due to illness or disability.
It is important to note that the Adult Guardian is a last resort and will only be appointed if there is no-one else more appropriate.
A Guardian can decide for an adult:
- Where they live;
- The support services they receive;
- Persons with whom they have contact or visit;
- General health care matters; and
- Matters of security and safety to prevent potential harm.
However, a Guardian cannot make decisions with regards to the financial or property matters of the adult unless they are also appointed as the adult’s Administrator.
Perth Probate Lawyers are experts in advising how best to provide security for persons who have reduced capacity to look after themselves.
Guardianship and Administration are often used in the context of Elder Abuse, where an elderly person cannot properly make their own decisions, and are being taken advantage of by someone they should be able to trust.
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Want further advice on Guardianship and Administration? Don’t hesitate to contact us, either by calling or completing an enquiry form.
PROTECTION FROM ELDER ABUSE
What is Elder Abuse, and what can be done about preventing it?
Elder abuse is the exploitation or neglect of an older person that occurs within a relationship in which there is an expectation of trust.
Sadly it is becoming increasingly more frequent. Usually the abuser is a child or grandchild of the abused elderly person.
Financial abuse
is one of the most common forms of elder abuse. It can take a number of forms, such as prevailing on an elderly person to:
- Provide money from a bank account or savings;
- Transfer assets or property, including the elderly person’s own home;
- Provide a home or other asset as security for borrowing by the abusive party;
- Provide personal guarantees for business or personal borrowings;
- Allow access to bank accounts to use as the other person wishes.
One significant issue -
is the misuse of enduring powers of attorney. Enduring powers of attorney (EPOAs) are important tools that allow older people to choose the person (or persons) who will make decisions on their behalf should they lose decision-making ability in the future.
They may also protect an older person with impaired decision-making ability from being exploited and abused by others. However, it is clear that they are capable of being misused, often with devastating consequences for the elderly person.
Tackling Elder Abuse – How to Spot the signs:
- Elder Abuse can be subtle, and difficult to pick up.
- Often the abused elderly person is embarrassed, and unwilling to complain.
- The abusers often rationalise themselves into thinking that they are simply getting the inheritance, or entitlements early.
Once Elder Abuse is suspected there are arrangements, both legal, and practical, that can be put in place to protect the elder from further exploitation and to provide them with the safety and security to which they are entitled.
If you or someone you love is being subjected to Elder Abuse contact us and we will do what we can to help.
FIND OUT MORE
Need further advice on Elder Abuse? Don’t hesitate to contact us, either by calling or completing an enquiry form.