As people age, the legal issues that matter most shift significantly. Estate planning becomes urgent, financial management may need to be delegated, and aged care decisions come into focus. At James Papas Solicitors, we have been helping seniors and their families navigate these issues in Parramatta and Western Sydney for nearly 50 years. Here is a practical guide to the key legal issues facing seniors.
Wills — Is Yours Up to Date?
Your Will should be reviewed regularly — and particularly after any major life change such as marriage, divorce, the death of a beneficiary or executor, or a significant change in assets. Many seniors we meet have Wills that are decades old and no longer reflect their wishes or circumstances. A Will that was made 20 years ago may not account for changes in family structure, new assets, or the needs of particular family members.
Powers of Attorney — Do You Have One?
An Enduring Power of Attorney authorises a trusted person to manage your financial and legal affairs if you lose capacity. It must be made while you have capacity. Without one, if you develop dementia or suffer a stroke or accident, your family will need to go to the NSW Civil and Administrative Tribunal for a financial management order — a more complex, expensive, and public process. We strongly encourage all seniors to have an Enduring Power of Attorney in place.
Enduring Guardianship — Who Decides Your Medical Care?
An Appointment of Enduring Guardian authorises a trusted person to make personal, lifestyle, and medical decisions on your behalf if you lose capacity — including where you live, what medical treatment you receive, and who can visit you. Without one, these decisions may be made by a stranger appointed by the Guardianship Division of NCAT.
Aged Care Planning
Aged care is both a practical and legal issue. The aged care means test assesses your income and assets (including potentially your family home) to determine your contribution to aged care costs. Understanding the means test and planning in advance can significantly affect the cost of care and what is left for your estate. Your solicitor and financial adviser should work together on aged care planning.
Retirement Village Agreements
Retirement village contracts are complex legal documents that contain unusual financial arrangements — including deferred management fees, departure fees, and exit entitlements that can significantly affect the amount you (or your estate) receives when you leave. Always get independent legal advice before signing a retirement village agreement.
Elder Abuse
Elder abuse — including financial abuse by family members, carers, or others — is more common than many people realise. Signs of financial elder abuse include unusual withdrawals from bank accounts, changes to Wills or Powers of Attorney under suspicious circumstances, or pressure to give away assets. If you or a family member suspect elder abuse, contact us or the NSW Ageing and Disability Commission.
Home Visits Available
At James Papas Solicitors, we understand that seniors may not always be able to come to our office. We regularly visit clients at home, in hospital, and in aged care facilities to prepare Wills, Powers of Attorney, and Enduring Guardianship documents, and to provide advice on any legal matter. Call us on (02) 9633 3122 and we will arrange a time that suits you. Your first consultation is always free.
Need legal advice? James Papas Solicitors offers free first consultations for all Wills & Estate Planning matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Wills & Estate Planning services → or contact us today.