Law for Elders

Wills

Foolkit's Elder Law Page on Wills and Probate

Power of Attorney

Most people sign what is known as an Enduring Power of Attorney.

With this document you empower one or more people to sign your name to and conduct all your legal and business affairs. Unless you impose any limits on this, that authority starts immediately and continues until you die. It continues even when you may be incapacitated physically or mentally, such as by a stroke or by senility. A General Power of Attorney does not work in those circumstances.

It is a very serious matter to appoint a Power of Attorney. You should consider the many options available to you before choosing who you appoint and on what terms. You should not proceed with a Power of Attorney if you have any doubts at all and should seek legal advice. Unfortunately lawyers deal with many situations where a Power of Attorney has been abused or has led to family disputes. Proper advice that takes into account your personal situation and careful legal drafting can help to avoid this.

• Office of the Public Advocate, Victoria
• Office of the Public Advocate Victoria - Powers of Attorney Resources
• The Law Handbook (Vic) - Power of Attorney
• Take Control preparing your Power of Attorney
• Financial abuse in our Seniors - what is it?

Enduring Power of Attorney (Guardianship)

A guardian is someone you appoint someone to make medical and lifestyle decisions for you. These may include agreeing to medication, surgery, and other medical procedures and decisions as to where you should live.

Enduring means it continues (endures) when you are unable to make these types of decisions for yourself.

• The Law Handbook (Vic) - Power of Attorney
• OPA Enduring Power of Attorney (guardianship) FAQs
• Take Control preparing your Power of Attorney

Acts, Regulations, Rules & Forms

Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on our Elder Law for Lawyers page.

If it isn't there, then start on our Finding Detailed Legal Information page.

Please read our warning on that page "Be careful using these resources".

The Law is not always as straightforward as it appears. We have not included any information about when and how to use that information or any traps. We assume that the Lawyers will know this.

Administration & Guardianship

When a person with a mental incapacity can no longer make decisions in certain areas of life, the Victorian Civil and Administrative Tribunal can be requested to make an order appointing somebody else to do this on that person's behalf.

The causes of mental incapacity can include dementia, intellectual disability, brain damage, mental illness, coma or being in a moribund state, and this must affect the person's ability to make his or her own decisions.

The main orders the Board can make concern their guardianship, care, treatment, detention and control of their financial and legal decisions ("administration").

• Office of the Public Advocate Victoria - Administration & Guardianship Resources
• Law Handbook Online - Guardianship and Administration
• Frequently asked questions in the Guardianship List VCAT

Resources

• Alzeheimers Australia - Victoria - information, support and education. Their aim is to extend the knowledge and skills of others working with people with dementia, their families and carers.
• Carers Australia- counselling, advice, advocacy, education and training for carers.
• Council of the Ageing - information on issues such as housing options ; home and community services; financial and legal issues; health and wellbeing; retirement; and learning opportunities.
• Elder Rights Advocacy - advocacy for people who are receiving an Australian Government subsidised aged care service.
• Disability Services Victoria - a division of the Department of Human Services.
• Disability Works Australia - facilitates the provision by large employers and government of employment for people with a disability.
• Mental Health Legal Centre - free legal service where legal problem relate to the client's mental illness.
• Aged Care Complaints Scheme - investigates concerns about any Australian Government subsidised aged care service.
• Office of the Health Services Commissioner - investigates concerns about health service or health privacy.
• Office of the Senior Practitioner - responsible for ensuring that the rights of people who are subject to restrictive interventions and compulsory treatment are protected.
• Seniors Rights Victoria - information and support relating to elder abuse.
• www.myagedcare.gov.au - Australian Government single point of access to Government and non-Government information and services for older (over 50!) Australians.
• Victorian Equal Opportunity and Human Rights Commission - helps resolve complaints about discrimination, sexual harassment and racial and religious vilification.
• Victorian Disability Services Commissioner - helps resolve resolve a complaint with a disability service or service provider.
• Collection of Victorian Government Disability Sites - prepared by Victorian Disability Services Communisation
• Ombudsman Victoria - enquires into or investigates administrative actions taken by a Government department or public statutory body or by any member of staff of a municipal council.