Entries by Brian Herd

How do I help my parents in accepting their change in circumstances?

Sure, the ravages of ageing – nature, gravity, misspent youth (and middle age), bad habits and too many chiko rolls will afflict our appearance and limit our movements in later life. But is this only consequence? In experiencing ageing myself, and working as a lawyer in elder law, there are a number of ‘softer’, less […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

I don’t want to say this but…

My natural humility would normally prevent me from telling you but marketing gurus say I should. Once again the publication “The Best Lawyers in Australia” have announced that I have been voted by my peers as one of Australia’s best lawyers in the area of Retirement Villages and Senior Living Law. So there – now […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Care on Candid Camera

A resident’s privacy in aged care is rightfully to be respected and is very much legislated. The Privacy Act, the Aged Care Act and the Charter of Rights and Responsibilities all contribute to the legal right to privacy for aged care residents. Can there ever be a case for limiting that right or indeed abolishing […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Do you live in a retirement village unit? Well read this….

In our relentless quest to be champion legal myth busters, here’s another expose on a little sleeping myth, ripe for busting. It relates to an increasing trend in our later lifestyles, namely, older people, usually widowed, arranging for one of their adult children to move in with them. This is, legally speaking, an ‘issue’ in […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Aged Care Breaking News | Federal Court determines “Asset Replacement Charge” inconsistent with the Law

Last Friday, 2 March 2018, the Federal Court of Australia handed down its decision in Regis Aged Care Pty Ltd v Secretary, Department of Health [2018] FCA 177 concerning the validity of the “Asset Replacement Charge” (ARC) charged to residents in many Regis Aged Care facilities. The Court found that the ARC is inconsistent with […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Do you have to care for your parents when they need it?

If you lived in certain American states or some other countries, you would. In Singapore, for example, there is a law known as “The Maintenance of Parents Act”. It enables a parent, who is 60 years old or over and who can’t support themselves on their own, to claim maintenance from their children who are […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

The Elder Law Webinar Series – It’s Done

  Margaret Arthur and I are happy to announce we have completed our series of 5 Video Webinars on topical issues in Elder Law. For more details, click here. If you are a client of the firm, you will be entitled to a discount on the price.  To access the discount please email me and […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

We’re Watching You

Lawyers (like other professionals) are traditionally seen as delivering a service to meet a need for a reasonable price and then saying goodbye to the client – the one off transaction. But, should we be doing more, especially for our older clients? In recent times particularly, we’ve had occasions to be concerned about the welfare […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Do men and women have different views on retirement?

Just imagine you were asked the question in one of those much maligned ‘focus groups’ – what are the keywords that describe your life after completing your primary career? What words would you use? Notice the question does not refer to ‘retirement’ but rather the concept of the end of your primary career in order […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.

Exciting news for Elder Law

Both Margaret Arthur and I will be presenting a series of 5 Webinars for the Television Education Network on the latest bubbling issues in Elder Law. Click here to find out more. Brian HerdRecognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular […]

Brian Herd

Recognised as one of the leading experts in Australia on elder law, aged care, retirement, estate planning and disability and a regular author, broadcaster and popular presenter on many elder law subjects and issues.