Entries by Brian Herd

The US Senate and elder abuse

While US legislation can often be tortuous and Dickensian, there is one feature that stands out compared to our approach to legislation.  Many pieces of US legislation have a section called the “Findings” and the “Sense“. It is meant to set out what the legislators are thinking in introducing the legislation and to give it […]

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.

How not to provide for your disabled child

There are a significant number of older people in the community who have been caring for their disabled adult children for much of their lives – you could be one of them. The Issue A subliminal concern for many of these parents is what will happen to their child when the parents die. Let’s say […]

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.

Just Kiss It Please

‘Keep it simple stupid’ is the aphorism that most people think, but are too polite to say, when it comes to making their Wills. To them, while it is one of those ‘1001 things I must do before I die’, it is really no more than an ancient ritual producing an elementary piece of parchment […]

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.

Keep your spouse close but your parents closer

For all those baby boomers embarking on a long and sustained period of well-deserved and well-saved for later life pleasure (also known as ‘retiring’ ‘withdrawing’, ‘going away’, ‘leaving’ or ‘retreating’), – stop – think again – your parents need you! Bernie and Bernice had only recently retired. Being newly hatched retirees, they were champing at […]

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 inheritance downside – losing your pension

Receiving an inheritance may not be all it’s cracked up to be. If you’re about to receive an inheritance from an estate and you’re on an age pension, your life and your finances may be about to change. The Age Pension Many of us will walk over hot coals and engage in that well known […]

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 hapathy?

Some of us suffer from a life-long, debilitating and often incurable state of mind known as apathy. The condition can manifest in avoidance, ignorance, inertia or indifference. It can also be associated with depression, a feeling of hopelessness and ineffectiveness. In general, it can cause us to be very sad. We also tend to dismiss […]

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.

More Legal Oscars

This feels just like the Academy Awards but, earlier this year we humbly announced that several of us here in the firm had been voted by our peers as some of the best in our field and in particular: Brian Herd as one of Queensland’s best lawyers in the area of Seniors and Retirement Law; […]

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.

Wills for Losers

You’re right (the customer always is) – why would you want to spend good money on doing a document that only benefits other people, not you – such as a Will. I mean, look what you’ve already given in hand outs to your family and now, on your celestial transfer, you’re expected to give them […]

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.

Size can be a problem – Part 2

In my previous article about the effect of size on families, I discussed the will making issues that can arise in large families. This article addresses the issues in making an Enduring Power of Attorney (EPOA) – the document where you appoint people to make decisions for you if you lose your capacity to do […]

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.

Being Silly

Myth – I will never lose my ability to make my own decisions. Reality – Yes you could – so could I If you don’t plan for it i.e., do something, such as an Enduring Power of Attorney, here are just two things you should know about your silliness: No one – not your spouse, […]

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.