Legal Advice for the Elderly

If you have appointed one of your children or grand-children as your Power of Attorney in the past, and are now unhappy with their decision-making or control of your finances, contact us to have a chat today. 

Depending on whether you still have legal capacity, we may be able to assist you to revoke the Power of Attorney document and create a new one, appointing different people. However, there is often circumstances that warrant your children or grand-children using your money, such as to pay for your Refundable Accommodation Deposit or other resources that support your well-being. 

If you feel like you are being taken advantage of, that someone is abusing their position under a Power of Attorney, or you have never given permission for someone to have control over your finances, we are here to help. Our team is experienced and passionate about ensuring that the elderly members of our community are not taken advantage of, manipulated or coerced. 

We are only a phone call away. 

At Harriss Jones Lawyers, we believe the best policy is forward-planning. Whether you are looking to make the move into assisted or independent-living services, we can help you get prepared.  The first step is determining where your funds are coming from to pay the organisation’s fees (Refundable Accommodation Deposit, bond etc). If you require the funds from the sale of your home, we can help you with both processes. Each Retirement Village or Nursing Home is unique, and the contracts usually differ greatly. It is prudent that you ask an expert for assistance reviewing contracts or other documents such as Asset Management Plans.

Each retirement village offers different types of occupancy and we can assist you to determine which ownership arrangement best suits your circumstances (e.g. leasehold, loan, strata, company title or rental).  

We are here to help you through the process and to make it as stress-free as possible for you. Contact us today to start the conversation and to ensure your family is prepared for your move. 

It is never pleasant being asked to leave your residence to make way for a new development or a community/council-run project. If they come knocking, always ask lots of questions, request a copy of their plans and quiz them on the terms of their offer. Contact us to arrange an appointment to discuss your rights to ensure that you are not disadvantaged by an unfair power dynamic. We can contact local real estate agents to arrange a property valuation to ensure you are getting the right price and, if it comes to it, we can reach out to NSW Fair Trading on your behalf to provide assistance.

We are only a phone call or email away.

If you pass away without a Will document, this is known as dying ‘intestate’. An application will need to be made to the Supreme Court of NSW for ‘Letters of Administration’, which is a document providing the court’s formal approval for someone to administer the estate of the deceased.

In NSW, any relative can step forward as administrator, and are entitled to benefit from the estate depending on their relationship and any other living relatives. In the event that you die intestate without any living relatives, the NSW Government will receive the whole estate.

Dying intestate can prove to be extremely complex and time-consuming for your surviving friends and family as they try to establish your wishes or family relationships. This is one of the many reasons why we encourage you to put in place a Will document. If you do not have any surviving relatives or do not have a good relationship with your family, you are able to appoint the NSW Trustee & Guardian as executor of your estate. The NSW Trustee & Guardian provides a personal, professional and impartial service to legally administer the estate and carry out the decisions made in the Will, however they do charge a fee to act as executor. Alternatively, you can nominate a friend or someone you trust as executor, and nominate beneficiaries in your Will such as friends, charities or organisations which you wish to monetarily assist. 

If you have any questions about any of this information, please contact us and we would be happy to assist you. 

Currently in NSW law, there is a tension between the right of a Will-maker to choose who will benefit from their estate and the expectation of society that children will receive some type of benefit from their parent’s estate. The law attempts to balance these competing interests by allowing a Will-maker to nominate beneficiaries as they wish whilst allowing disappointed children to make a claim on their parent’s estate for insufficient provision (The Succession Act (2006) (NSW)). 

We often have clients who are estranged from a particular family member or have had a falling out, and they therefore do not wish to leave anything to that person. We always tell our clients that there is the potential for a claim against their estate after they pass. To assist the Court in understanding the reasons behind your exclusion of a particular individual in your Will document, we ask clients in this situation to complete a Statutory Declaration explaining the estrangement or the breakdown of the relationship. 

The Court will look at the reasons behind the estrangement and may find fault with either or both the parent and the child, and if appropriate, adjust the entitlements in the estate accordingly.