Can a Provider refuse entry to an eligible resident?

The Aged Care Act 1997 is replete with rights and obligations of residents and providers once a person has become a resident in a facility. But what does the Act say about an eligible person’s rights to become a resident of your facility or, conversely, a provider’s obligation to accept an eligible person as a resident in that facility?

Resident Eligibility

The Act describes some of the bases upon which a person can be eligible for a subsidised place at an aged care facility. Most notably, […]

By |April 24th, 2014|Aged Services|

When do I need to update my Will?

Significant life events can render your legal documents invalid or simply not reflective of your current circumstances. Has your Will kept up to date with the changes in your life over the recent years?

Since you created your last Will, have you:

Changed address?
Had a death in the family or of a person named in your Will?
Had any serious illness or loss of health?
Had a person named in your Will lose capacity?
Changed your marital status or family situation?
Have you or someone named in your Will become […]

By |April 22nd, 2014|Elder Law|

Amendments to the Privacy Act



Hi, I’m Natasha Maynard from CRH Law and I’m going to talk to you today about the amendments to the ‘Privacy Act’.
Who does the Privacy Act apply to?
The Privacy Act applies to private sector organizations, Commonwealth Government agencies, and individuals.
What changes have been made to the Privacy Act?
Significant changes have been made to the Privacy Act, in particular, a new set of privacy principles called the Australian Privacy Principles or APP for short. These will replace the existing National Privacy Principles and Information Privacy […]

Loss of a Parent

Not surprisingly, as we age, so do our parents.

Because of our tendency to live longer, even in retirement, many of us are still blessed with elderly parents who are living into their 80′s and 90′s.  Of course, one of the downsides of living longer is that our parents may experience not only frailty, but even incapacity to make their own decisions and may become dependent on you in every sense of the word.

You can easily assume that, as they have done for most of […]

By |April 21st, 2014|Elder Law|

Memorandum of Understanding – what is an MOU?

A Memorandum of Understanding (MoU) is a means by which two or more parties capture their intention in relation to an intended purpose or course of action.

An MoU can be used by companies, not-for-profit organisations, and governments.

Although an MoU generally has no specific status in law, it does carry a degree of seriousness and is a more formal alternative to a ‘gentlemen’s agreement’. An MoU is a very useful tool when drafted well.

MoU’s are often used in cases where parties want to set out […]

Brian Herd – one of Australia’s best lawyers

Once again, Brian Herd has achieved the recognition of his peers by being announced one of Australia’s best lawyers in Retirement Villages and Senior Living Law.

This is the second year he has been given the gong in the latest edition of “Best Lawyers in Australia”.  It confirms the regard and respect with which he is held by other legal professionals and cements his place as one of the very few lawyers in Australia with the depth of knowledge and experience in this rapidly expanding […]

By |April 11th, 2014|Aged Services, Elder Law|

What is a Special Disability Trust?

A Special Disability Trust [“SDT”] is a trust which can be created during your lifetime or under the terms of your Will to provide for a person with a severe disability.

There can be significant advantages of giving to disabled beneficiaries in this way because not only does it mean that there will be a trustee in place to manage the trust for the benefit of the beneficiary but also, because there are generous social security provisions which can assist to preserve the beneficiary’s pension […]

By |April 11th, 2014|Elder Law|

Problems with homemade Wills

What is wrong with homemade Wills?

There are a variety of options when it comes to making a Will, including buying one from the newsagent or downloading one from the internet.  However there are numerous problems associated with these types of Wills.

The most common problems include:

Wills which are unclear;
Wills which are incorrectly witnessed;
Wills which are incorrectly dated;
Failing to name the Executor.

While you might think the DIY approach is a cheap and easy solution, these types of Wills are only suitable for a small number of […]

By |April 9th, 2014|Elder Law|

Caring for an ageing parent at home

The benefits of Family Agreements

In the new millennium, with our ageing demographics, limited available places in aged care facilities, rationed community care packages and a Government encouraging people to stay at home as they age, new pressures are arising for families to care for elderly parents within the home.

Often this means adult children may have to  give up their job or their business to do so.

This is where Family Agreements become important.

What are Family Agreements?

Family Agreements have been described by various commentators as:

Independent Care […]

By |April 7th, 2014|Elder Law|

Marriage, Consent and Capacity – Undoing “I do”

Mr Oliver was 78 and suffered from cognitive impairment, urinary incontinence and alcoholism. He also was under the delusion that his recently deceased wife was still alive.

Despite his constellation of medical problems, his 49 year old carer suggested to him that they should marry. Not only did he proceed to marry his carer but managed, with the obliging assistance of a General Practitioner and a Solicitor, to change his Will in favour of his carer and newly acquired spouse.

Conveniently overlooking a lot of his […]

By |April 4th, 2014|Elder Law|