Elder Law

Make sure your wishes are clear

A well-planned estate can provide certainty for you and the people you care about. Your Will is an important part of that planning, but it's also worth considering how your property, trusts, family circumstances, and other assets work together.

We can help you prepare or review arrangements that reflect your current circumstances and what you want to happen in the future.

Our estate planning advice includes:

• Preparing and updating Wills
• Reviewing existing estate planning arrangements
• Family trusts
• Succession planning
• Relationship property considerations
• Advance directives
• Digital assets and estates
• Pre-paid funeral arrangements

Life and family circumstances change over time. Reviewing your Will and wider estate planning arrangements regularly can help ensure they continue to reflect your wishes.

Decide who can act for you if you can't

An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to make decisions on your behalf if you're no longer able to make those decisions yourself.

There are two types of EPA: one for your property and financial affairs, and another for your personal care and welfare.

Putting Enduring Powers of Attorney in place while you are able to make your own decisions provides greater certainty about who will act for you and can help your family avoid having to apply to the Family Court later.

We can help you understand your options, prepare your EPAs, and ensure the people you appoint understand their responsibilities.

Understand what you're signing before you make the move

Moving into a retirement village is a significant financial and lifestyle decision. Retirement village ownership arrangements are also very different from buying an ordinary residential property, so it's important to understand exactly what you're agreeing to before you sign.

An Occupation Right Agreement sets out your rights and obligations as a resident, including how you occupy the property, the fees you'll pay, what happens when you leave, and how much you or your estate may ultimately receive back.

Our retirement village lawyers can assist with:

• Reviewing retirement village contracts
• Occupation Right Agreements
• Licences to occupy
• Understanding entry and ongoing fees
• Explaining your rights and obligations
• Identifying important conditions and restrictions
• Understanding what happens when you leave the village
• Reviewing your Will and Enduring Powers of Attorney
• Residential conveyancing for the sale of your existing home

We'll explain your retirement village agreement in plain English so you understand the legal and financial implications before making your decision.

Legal support for your next move

Downsizing can involve more than simply selling one home and purchasing another. You may be moving into a smaller property, buying into a different ownership structure, moving closer to family, building on family-owned land, or considering how a property decision fits with your wider estate planning.

Our Elder Law and Property teams can work together to make the transition as straightforward as possible.

We can assist with:

• Selling your existing home
• Buying a new property
• Residential conveyancing
• Unit titles and body corporates
• Cross leases
• Leasehold property
• Subdividing land
• Building on an existing property
• Residential building contracts

We can also help you consider how significant changes to your property or assets may affect your Will, Enduring Powers of Attorney, trust arrangements, or wider estate plan.

Understand your options when care needs change

Moving into a rest home or residential care can bring significant legal and financial decisions for individuals and their families.

Questions often arise about how care will be funded, what happens to the family home, whether a Residential Care Subsidy may be available, and how existing assets, trusts, or previous gifting may affect eligibility.

We can provide advice on:

• Residential Care Subsidies
• Residential care asset thresholds
• Residential Care Loans
• Gifting and its potential impact on subsidy eligibility
• Property and financial arrangements
• Existing family trusts
• Estate planning considerations

Getting advice before making significant changes to your assets can help you understand the implications and make informed decisions based on your individual circumstances.

When a loved one can no longer make decisions for themselves

If someone loses the capacity to make decisions about their personal care, welfare, property, or finances and appropriate Enduring Powers of Attorney are not in place, their family may need to apply to the Family Court under the Protection of Personal and Property Rights Act 1988.

Depending on the circumstances, the Court can make orders allowing another person to make particular decisions or manage certain affairs on their behalf.



We can assist with:

• Protection of Personal and Property Rights (PPPR) applications
• Welfare Guardian applications
• Property Manager applications
• Renewals or changes to existing orders
• Applications where someone has lost mental capacity
• Court applications relating to personal care or financial management

These situations can be difficult for families. We'll explain the process clearly, prepare the necessary documentation, and guide you through each stage.

Helping make important care and welfare decisions

Where someone is unable to make or communicate decisions about aspects of their personal care and welfare, the Family Court may appoint a Welfare Guardian.

Depending on the Court order, a Welfare Guardian may be responsible for decisions relating to matters such as care, living arrangements, and wellbeing.

We can help you understand whether a Welfare Guardian application is appropriate, who may be suitable for appointment, and the responsibilities involved.

Protecting and managing financial affairs

If someone is no longer able to manage their property or financial affairs, the Family Court may appoint a Property Manager.

A Property Manager can be authorised to manage particular financial matters or property on behalf of the person who has lost capacity, subject to the powers and responsibilities set by the Court.

We can advise on whether a Property Manager application is appropriate, assist with the Family Court application, and explain the responsibilities that come with an appointment.

When existing arrangements need to be reviewed

Sometimes concerns arise about the way an attorney is exercising their powers, whether they are acting in the person's best interests, or whether existing arrangements remain appropriate.



We can advise attorneys, family members, and other interested parties on the legal obligations involved, the options available, and whether further action or Court involvement may be required.