Aged Care Law

Protecting Our Senior Citizens

From Bentleys Law you can expect a commitment to providing reliable and sensitive advice and guidance to our senior citizen clients and their families.

Many senior citizens find themselves in situations in which their quality of life, family relationships, financial security and often their dignity is compromised.

There are other times when family members may have legitimate concerns about older parents or family members. Those concerns may relate to questions of competency, some form of abuse or accommodation needs.

Our approach is to work closely with our clients in what can often be stressful and difficult circumstances. Our lawyers couple empathy and understanding with expert legal knowledge in the area of Aged Care Law and we seek to establish a relationship of trust.

We are aware that many issues in Aged Care Law bring with it complex family and other relationships that require sensitive and careful handling: we are committed to working with our senior citizen clients to find the most effective resolution to their concerns. That may be through mediation and restorative justice, or to vigorously pursue all relevant legal options.

Whatever the concerns, Bentleys Law has a service dedicated to meet the needs of our senior citizens.

Aged Care Law

Consistent with many developed countries Australian citizens are experiencing increased life expectancy. Consequently, the proportion of the population aged 65 years and older will increase significantly as will the need to ensure they are appropriately and effectively legally protected.

Wills and Powers of Attorney

The aging process brings with it a multitude of issues that need to be carefully considered to ensure that all relevant legal protections are in place. Our experience is that there are many senior citizens that are not fully and appropriately protected. One obvious deficiency is the number of senior citizens who are either do not have a Will or relevant Powers of Attorney, or do not fully understand the purpose of such legal documents.

In relation to Wills, there are related potential problems given the number of ‘blended families’ in the community. There may be concerns that specific bequests may not be carried out – this could be done through a trust or similar mechanism.

Similarly, if there is a wish that a particular family member, or members, should be given the responsibility of looking after a senior citizen when she/he is no longer capable of independent living, there are particular Powers of Attorney relating to financial and medical matters that require careful consideration and advice.

Guardianship Issues

There may be a concern that a family member is no longer competent to live independently. This may become a major concern particularly if there is no relevant power of attorney. Should that be the case, it may be necessary to arrange an assessment by a it may be necessary to arrange an assessment by a specialist medical practitioner which would which would form the basis of a Guardianship Application to the Victorian Civil and Administrative Tribunal (VCAT).

Guardianship issues may also occur where there may be a difference of opinion between a senior citizen and a family member, or members, concerning the competency of the senior citizen. Such a difference of opinion is also likely to be a matter referred to VCAT.

Financial affairs

There are numerous examples whereby family members have obtained what are referred to as ‘loans’ but are in fact examples of ‘inheritance impatience’. In many cases there are no loan documents, and the senior citizen is placed at considerable risk, particularly where they may be confronted by significant financial costs which may arise from medical or accommodation requirements.

Where financial matters are concerned we can assist with a range of matters including:

• Preventing the sale of a person’s home without their authority or consent.
• Recovering money that has been lent and not paid back.
• Seek the removal of an attorney or administrator who is not acting in accordance with their respective legal duties and responsibilities.
• Pursuing individuals who have breached their obligations and responsibilities to senior citizens.

In seeking to resolve any financial matter we are conscious that where there are complex family issues involved, there may be a basis for considering either mediation and restorative justice or more formal legal processes. Consideration of these options will be made by our client based on the particular circumstances of the financial concern.

Accommodation Issues

Probably the most difficult question for may senior citizens relates to the potential move from the family home to an aged care or nursing home. There are many complex medical, financial and personal questions that need to be considered in such a decision. Equally, there are important legal matters to be assessed. In particular, it is essential that the contracts associated with any aged care or nursing home are carefully assessed in terms of knowing what the individual’s rights and obligations might be. There are many examples of individuals realising there were matters they did not fully understand and consequently faced significant financial and personal costs.

Bentleys Law can assist with any contractual matters – we’re here to help!

Elder/Aged Care Abuse

Elder abuse is the harm caused to an older person carried out by someone they know and trust – that person may be an immediate family member (partner, son or daughter), extended family member, friend or other individuals including neighbours.

Elder abuse can take many forms. Often more than one type of abuse can occur.

• Emotional or psychological abuse: Using threats, humiliation or harassment causing distress and feelings of shame, stress or powerlessness. It often occurs in combination with other forms of abuse.
• Neglect: Intentionally failing to provide the basic necessities of life such as food, medication, warmth etc.
• Financial abuse: Using someone’s money, property or other assets illegally or improperly or forcing someone to change their will or sign documents.
• Physical abuse: Inflicting pain or injury by hitting, slapping, pushing or using restraints.
• Social abuse: Forcing someone to become isolated by restricting their access to others including family, friends or services. This can be used to prevent others from finding out about the abuse.
• Sexual abuse: Any sexual activity to which the older person has not consented. This can be perusing sexually explicit print or electronic materials in front of the older person, not giving the older person privacy when they bathe or shower or sexual assault.

Bentleys Law has considerable experience in assisting senior citizen clients deal with a wide range of personal and traumatic events – we pride ourselves in offering our clients sympathetic support whilst at the same time being aware of the importance of ensuring that our senior citizen clients’ rights and interest are fully protected, whether that be through mediation and restorative justice or more formal legal processes.