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Phone: (02) 9587 0458
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The Necessity of Elder Law

As the Babyboomers generation age and become the next generation requiring care, many of them will need to consult an Elder Law Solicitor.  Elder Law has become increasingly important due to the complexity of people’s financial and family life.

When it comes to making decisions for and with older loved ones siblings can often disagree. Family members can fight over whether to care for a family member at home, how to share caregiving and choice of an aged care home.

Many Australian Babyboomers have children from 1st and 2nd marriages which could lead to further disputes over wealth and property. Families often act with the best intentions but do not plan sufficiently for future changes in finances or a change in health. Many ageing parents are admitted to residential care unexpectedly. Arranging funds under stress can be traumatic and lead to ill-informed choices.

Consulting an Elder Law Solicitor may be the best alternative to ensure an older person’s legal and financial interests are at the forefront of everyone’s mind and to ensure family members come to a consensus.

Some families may even use an Elder Law Solicitor to help them negotiate contracts that allow adult children to receive pay for caring for an ageing parent. As the incidence of dementia increases rapidly in Australia the potential for family disagreements is massive. Families will have to provide the bulk of that care.

Caring for someone with dementia can considerably disrupt a carer’s life. People with dementia can live for many years and require fulltime care which can be exhausting and stressful especially if adult children are caring for their own families.

Requesting you be paid to care for an ageing family member with dementia may seem insensitive to many people but when negotiations fail it could be a workable solution.  Figuring out some kind of contractual agreement between family members may not be such a bad idea especially if someone is at risk of elder abuse.

People with dementia can be very vulnerable to elder abuse. Unfortunately it is a practice common among family members and informal carers. Consulting an elder law specialist before loss of capacity could protect an older person from financial and emotional abuse.  You could also try talking to an older loved one about possible future scenarios and what they want for their future.

Should you require any Elder Law advice, please contact the Principal Solicitor for GMH Legal, Mr George Hanna on 02 9587 0458 or by email on ghanna@gmhlegal.com.

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