Category Archives: Legal

An older woman stands at a window.

Case Study 1: Investing in a self-contained unit

Jan 

After the death of her husband five years ago, Jan felt isolated and lonely living alone at some distance from her family. Janher daughter Marie and her son-in-law Paul discussed Jan moving closer to them and being available for her grandchildren after schoolgiven that Marie and Paul struggled to get home from work until later in the evening. Jan also had some health issues and she wanted to be living somewhere she could get support if required. 

Jan sold her home and spent $120,000 building a self-contained unit on the property owned by Marie and Paul. Marie and Paul also insisted that Jan give them $85,000 in return for them providing her with a home for life and care as required. Marie explained to Jan that by providing the $85,000 to them Jan would be complying with Centrelink rules and would not lose her pension  read more

Case Study 2: Investing in family property

Diane 

Diane sold her home. She then contributed $250,000 towards the purchase of a large property shared with her daughter Nicole and son-in-law DavidDiane’s contribution was one quarter of the purchase price. 

Diane had a wing of the house for herself which included a bedroom, lounge and bathroom, but she shared the kitchen with the rest of the family. Diane’s financial interest was not listed on the property title because Nicole had said that she would not be able to get a mortgage on the property if Diane was on title.   read more

Legal documents titles Financial Elder Abuse.

Avoiding elder financial abuse

The Law Council of Australia has released a Best Practice Guide for Legal Practitioners in relation to Elder Financial Abuse 

The Guide assists legal practitioners in identifying and addressing potential elder financial abuse issues when preparing and executing wills and other advance planning documents. 

Law Council President Ms Pauline Wright, says it has never been more important for Australia and the legal profession to do more to ensure that the human rights of older persons are strongly protected.  read more

What difference will the new Guardianship and Administration Act make?

The new Guardianship and Administration Act 2019, which came into effect on 1 March 2020, changes the way Victorian Civil and Administrative Tribunal (VCAT) appoints guardians and administrators for persons with diminished decision-making capacity.

The key changes include:

  • empowering VCAT to appoint supportive decision makers (for personal or financial matters) if the proposed represented person would benefit from assistance in making some types of decisions but they don’t actually need a substitute decision maker
  • read more

    People attending a community education session in the Alpine Shire

    Alpine Health Services drives elder abuse education

    Alpine Health Services, formed in 1996, spans three sites at Myrtleford, Mount Beauty and Bright and is nestled in one of the most picturesque regions in Victoria. Home to some of Australia’s best wine-growing districts and snow country, including Dinner Plain, Falls Creek and Mount Buffalo National Park, the area covers 4,788 square kilometres. In autumn, the area is renowned for its striking autumn colours with many of the trees lining the roads taking centre stage.

    The Alpine Shire is also home to an increasing ageing population with a third of the total population of about 12,000 people (2016 Census) is over 60. Growing older in the area doesn’t mean being idle. Many of the locals are involved in different activities and events, including hiking, volunteering and actively advocating for the rights of older people. read more

    Picture of woman looking at a photograph

    Case study – Guardian and Administration Act

    Donna is 83. Her husband, Kevin, died three years ago. She owns her own home and a holiday house. She receives $90,000 a year from a superannuation fund. Donna worked as a secondary school teacher. In her retirement she has enjoyed activities including golf, bridge, lunch with friends, travel, and gardening.

    Donna has two children, Travis and Christine. When Donna met her solicitor to settle Kevin’s estate she appointed Travis as her attorney for personal and financial matters and as her medical treatment decision maker. read more

    Planning project continues with Dementia Australia

    In 2020, using the second round of funding from the Department of Justice’s Integrated Services Fund, Seniors Rights Victoria will deliver talks to around 30 groups of older people around the importance of planning for the future.

    Most of these presentations will be for people living with dementia and their carers and families, while others will be to people from particular culturally and linguistically diverse (CALD) groups. The focus this year will be on working with people from Chinese, Greek and Vietnamese backgrounds. read more

    Andelka Obradovic

    Introducing Community Lawyer Andelka Obradovic

    How long have you been with Seniors Rights Victoria?

    Since 10 February 2020, so seven and a half weeks.

    Have your impressions of SRV changed since you began?

    I didn’t have any preconceptions. I anticipated it would have been a compassionate and proactive workplace in regards to the protection of seniors’ rights and that has been confirmed. I still have a lot to learn and feel very fortunate to be in a very supportive team. Despite still being a fairly junior lawyer I have found the transition to the new practice areas and workplace pretty seamless.

    How long have you been a community lawyer ?

    I have been a community lawyer for 14 months. Before that I had volunteered in community legal centres during and post studying law. My attraction to community law is the people that tend to work in this sphere and the difference we can make for vulnerable individuals. The people that tend to work in community law are compassionate and socially minded, which is the type of people I prefer to surround myself with. read more

    Person signing a legal document

    Power of Attorney register progresses

    In early March, Seniors Rights Victoria’s Principal Lawyer, Rebecca Edwards, took part in in a consultation in Canberra about the establishment of a national register of powers of attorney (POA) .

    The Council of Attorneys-General is moving to establish a register as recommended by the Australian Law Reform Commission’s 2017 Report on Elder Abuse.

    All states and territories were represented at the consultation including state justice departments, public advocates, tribunals, banks, law societies, elder abuse legal centres like Seniors Rights Victoria, Councils on the Ageing, and older persons advocacy networks. read more

    Picture of a gavel on top of a Family Law book

    Seniors Rights Victoria voices opposition to court merger

    Seniors Rights Victoria has joined a coalition of more than 60 legal organisations opposing a proposal to merge the specialist Family Court of Australia with the Federal Circuit Court of Australia.

    A letter to the federal Attorney-General, Christian Porter, co-signed by Seniors Rights Victoria’s Principal Lawyer, Rebecca Edwards, said that greater not less specialisation in family law and family violence was needed.

    A report by the Australian Law Reform Commission Report, released in April 2019, said that increasingly family law cases involve allegations of violence, child abuse and other risk factors.  read more