Australia's population is ageing. In order for legal practitioners and other professionals such as financial advisors, accountants and healthcare workers to address the changing needs of their clients, it is essential that they have a solid grasp of the unique collection of legal issues that affect the elderly. Written in clear and accessible language, the text surveys a number of topics unique to the elderly including: mistreatment in aged care, elder abuse, discrimination, capacity to execute legal documents and challenges to wills and estates. This second edition has been updated to reflect recent changes to legislation and case law. It incorporates new commentary on intergenerational property transfer, statutory wills and the claims and entitlements of veterans. The sensitive issues of advance medical directives and termination of medical treatment are also explored.
Australian Elder Law, authored by Richard McCullagh details how to identify and deal with important legal problems increasingly faced by older Australians and their families. It is intended to help lawyers primarily, but also accountants, financial planners and care providers through the expanding labyrinth of elder law.
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
This edited book is based on original work of authors. It discusses elder abuse issues and brings focus on different ways of combating it. The topic of elder abuse has gained importance in recent years especially with ageing of the populations and increase in the number of older people in societies. Australia and India are two important and leading countries in the Asia Pacific region. Their specific country responses are of interest in these regions and even for the world. Combating elder abuse has gained importance in recent times as there are not only different types of elder abuse identified in societies but also there exists various strategies to deal with the problem. What steps are being taken in Australia and India can be examples of combating the menace in the Pacific and Asian region. The book will of academic interest as it highlights an important concern with which academicians and researchers are increasingly getting involved in different countries and looking for solutions and ways to combat the growing problem from different disciplinary frameworks but mainly from social and legal perspectives which this book takes into account. This is first of its kind book which focuses on two important ageing countries, namely Australia and India, simultaneously, who are increasingly facing the problem of elder abuse, a growing global menace which requires different combating mechanisms to minimize its impact on societies. Social and legal perspectives on tackling the problem of elder abuse in different situations are gaining ground in countries and the chapters in this book discuss different aspects of ways to combat the problem by also discussing aspects of its occurrence in different sections of the society. Issues of vulnerabilities which older people face leading to elder abuse and what kind of societal responses are needed and are being adopted in societies to combat the problem has been highlighted by different authors in the book. Chapters written by experts from the social and legal field from the two countries, giving first-hand account of the situation in terms of care giving issues, financial abuse, rural areas, dementia patients, widows, prevailing legislations, residential care facilities, national and local responses, rights of senior citizens, and broader concerns related to combating the problem would be of interest to cross section of people across the world.
Trusts and estates practice is being increasingly recognised as an occupation within the legal, accounting, tax and financial services professions. Estate planning remains the strategic advisory component within this practice. An essential resource for practitioners and students involved in trusts and estates practice, this easy-to-use, practical and comprehensive guide will enable you to understand and deliver effective estate planning services using the principles, precedents, practice points, case notes and discussion questions contained in this book. Included in this edition are the legislative changes enacted since the first edition, such as changes to wills and estate law arising from the commencement of the Succession Act 2006 (NSW) on 1 March 2008 as well as changes to income tax and superannuation laws since 2005.
Elder Law: Practice, Policy, and Problems is designed with the teacher and learner in mind. It combines a client-focused approach with in-depth discussions of elder law related policy issues. Designed to be simultaneously practical and theoretical, it provides students with specific legal knowledge and a conceptual framework for understanding key issues facing older adults and the attorneys who represent them. The author’s narrative frames a series of primary materials including cases, statutes, regulations, and sample documents, as well as excerpts from articles designed to stimulate student thinking and discussion. Problems and hypothetical exercises—many of which relate to client counseling—ask students to imagine themselves in the role of the elder law attorney, and to describe how they would handle various scenarios, such as a client meeting. In addition, questions in each section prompt students to critique key policies and thereby test their understanding of those policies. New to the Second Edition: Comprehensive updates that capture changes in law and policy, including major revisions to nursing home regulations, new developments in guardianship law, and an emerging line of cases on age discrimination in hiring New coverage of: family caregiving and caregivers’ rights “Gray divorce” and its implications for policy design and planning Supported decision-making Social service interventions that address elder abuse Professors and students will benefit from: Very clearly organized content A client-centered approach Integrated discussion of policy and current issues supported by relevant cases, statutes, regulations, sample documents, and commentaries. All relevant statutory material being within the casebook, meaning there is no need to require a separate statutory supplement Practice problems of varying difficulty that encourage students to apply what they are learning to realistic client-focused hypothetical scenarios Questions throughout the text that prompt critical thinking, and prepare students to engage in classroom discussion Exercises that can be used for either independent or in-class assignments
All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
Informative and insightful, this is the essential family guide to preparing for ageing parents. This is a book that forces us to confront what most of us avoid - planning for our ageing parents. Our natural inclination is to wait and see what might happen. But when it does happen, or starts to unfold, we, and our siblings, are totally unprepared. Poor decisions, disputes with siblings and partners and the destruction of relationships can be the aftermath. Brian should know, as a lawyer working in this area for over 20 years, he has dealt with the fallout from these failures in families. Avoiding the Ageing Parent Trap is packed full of practical strategies for dealing with family dynamics and managing financial and legal affairs. Including information and practical case studies to support families in their legal, financial and healthcare decision-making, this is an easy to read and commonsense guide from a leading elder care lawyer. His uses his hands-on experience and examples to demonstrate what to expect, and even better how to plan and prepare. A book that will help keep families together and achieve the best outcomes for parents.
