The Aged Care Act, achieved with rare political cooperation, will put residential and home care on a more sustainable basis with individuals’ contributions more closely attuned to their financial position.
When Labor first introduced its legislation to increase the tax burden on 80,000 superannuants, it seemed plain sailing. Now, with opposition spreading across the community to small businesses, farmers, retired judges, public servants and venture capitalists, its passage through the Parliament is looking increasingly unlikely.
Retirees to benefit from legal program dedicated to their needs
Senior Australians will benefit greatly from an initiative by the Law Society of NSW to launch a new program devoted to elder law.
Society president Brett McGrath (pictured) says the new program will help seniors, as well as those caring for them, readily recognise whether a solicitor is an expert in elder law – a critical innovation to help meet the expanding demand for legal advice in this area of the law as Australia’s population ages.
“When older people and those who manage their affairs face complex legal problems, they may need expert advice to navigate the issues. A program that recognises advanced expertise in elder law will help lead to more just outcomes in these complex matters,” Mr McGrath says.
“This is particularly important at a time when one in six older Australians report experiencing elder abuse in any year. Reports of elder abuse to the NSW Ageing and Disability Commission rose 24 per cent in the first quarter of this year compared with the previous quarter, while some applications before the NSW Civil and Administrative Tribunal guardianship division have more than doubled in the five years to 2023.”
Mr McGrath says that while the society will deliver the new specialist accreditation in elder law, the program will be open to eligible solicitors from other states.
“I am thrilled that our counterpart organisations in multiple jurisdictions have indicated that they will recommend their interested members participate in the program. This will eventually result in a national pool of elder law experts in jurisdictions that make up 85 per cent of the population.”
Solicitor members of the society are eligible to participate in the program if they have been in practice for at least five years and have dedicated at least 25 per cent of their practice to this chosen area of law for the previous three years. Both periods include full-time equivalence.
The program was launched by the society’s specialist accreditation board chair Jacqueline Dawson who says it is the first new area of law added to its specialist accreditation scheme since 2009.
“More NSW solicitors are identifying that they are practising in elder law as distinct from wills and estates. While there are some similarities between wills and estates and elder law, the former deals with planning for and administering a person’s affairs after death. Elder law deals with legal issues people confront as they grow older.
“Solicitors who gain specialist accreditation in elder law will have demonstrated a mastery of issues such as accommodation, enduring appointments, applications to the NSW Civil and Administrative Tribunal (NCAT) and contested elder abuse matters in the Supreme Court.”
She reassures older Australians that increased expertise in elder law does not necessarily mean greater legal costs.
“The legal assistance sector plays a crucial role in delivering free legal advice and representation for vulnerable older Australians. I encourage elder law practitioners who perform this valuable work to participate in the program to help ensure that advanced legal expertise is available to those who need it most.”
NCAT deputy president and head of guardianship division Anne Britton says this initiative recognises the increasingly complex nature of this expanding area of law, which is now governed by multiple state and Commonwealth statutes.
“The needs of older Australians are varied, and this program recognises the important distinction between specialisation in wills and estates and elder law. It will enable older clients to access high-quality legal services on complex issues that arise as they age.”
NSW Ageing and Disability Commission acting commissioner Kathryn McKenzie says as the prevalence of abuse of older people increases, it is important that there is specialist legal support to ensure that relevant matters are handled with sensitivity and expertise.
“In the reports received by the commission, abuse, neglect and exploitation of older people often occur in the context of complex family and personal situations, with the older person unsure of their legal rights. The introduction of this program recognises this growing issue, and the challenging and critical legal issues older people experience.”
