Entries by Brian Herd

I care – therefore I am entitled aren’t I?

What is the price for martyrdom in a family? This is becoming an increasingly common question being asked by the ‘martyr’ children in families. As aged care becomes more expensive, families are internalising the caring arrangements for their ageing parents and keeping it ‘in house’ as opposed to ‘out house’. Caring for parents is becoming […]

Elder abuse – bad behaviour or criminal conduct?

I will be presenting with other speakers at a forum on this important subject at the Queensland Law Society on 9 May 2018 between 12.30 to 2pm. Anyone interested is able to attend. For details for registration click here. Brian HerdRecognised as one of the leading experts in Australia on elder law, aged care, retirement, […]

Aged care funding – are we asking the right questions?

Sure, government funding of aged care is pathetic measured against what is needed and what is provided. That gap is leading to bad outcomes for some residents and even staff as the media so often remind us. But how much funding is enough? This is both a pragmatic and a philosophical question encompassing age old […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]