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Elder Law

A Guide to Working with Older Australians

Edited by Sue Field, Carolyn Sappideen and Karen Williams


This comprehensive, contemporary text examines the many issues facing legal practitioners, financial advisors, allied health professionals and medical practitioners relating to the older client and their families.

The book is structured around key questions that regularly face older Australians: Who will make decisions for me if I am unable to? Who can support me to make my own decisions? How can I record my decisions in advance so people can make decisions that are similar to my own? What services are available to support me? Where will I live? How do I plan my secure financial future? (And that of my loved ones?) How do I get a fair go?

The book takes a national approach to these issues. The expertise of a number of chosen experts is exemplified in the 20 chapters contained within this text. Chapters address issues such as the skills required of the professional practising in this area, both supported and substitute decision making including substitute decision making instruments, and the roles of tribunals hearing guardianship and financial matters. The many accommodation choices open to older Australians are also discussed as are the financial implications of these choices. The overall financial issues facing older Australians are covered in the chapters devoted to superannuation and Centrelink benefits, while financial elder abuse and age discrimination are considered in separate chapters.

The text is a current practical guide for professionals working with clients in this emerging speciality of law. Academics teaching in this area will find it an invaluable resource for teaching and research.


Part I Introduction

1. Elder Law Overview

Part II Your Capacity To Make Decisions

2. Tribunals and Statutory Authorities
3. Assessment of Decision Making Capacity
4. Powers of Attorney
5. Enduring Guardianship
6. Advance Care Directives
7. Supported Decision Making

Part III Where You Live

Section A – Support Services
8. National Disability Insurance Scheme
9. Commonwealth Home Support Program

Section B – Accommodation Options
10. Granny Flats
11. Boarding Houses
12. Mobile/Relocatable/Manufactured Homes and Lifestyle Resorts
13. Retirement Villages
14. Residential Aged Care Facilities and Home Care

Part IV Funding Your Retirement: Sources of Income and Risk

15. Government Pensions and Benefits
16. Superannuation
17. Reverse Mortgages
18. Financial Abuse

Part V Wills and Estates

19. Your Estate

Part VI A Fair Go

20. Discrimination


Publishing 28 September 2018
Publisher The Federation Press
ISBN 9781760021825
Australian RRP $120.00
International Price $110.00
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Law - Elder Law

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