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Elder Law: A Guide to Working with Older Australians

Elder Law: A Guide to Working with Older Australians

By Sue Field, Karen Williams and Carolyn Sappideen

Elder Law is a book for the legal practitioners, financial advisors, allied health professionals and medical practitioners working with older Australians. It is also a comprehensive and practical book for academics teaching the elder law advisors of the future.

Aged Persons Disabled Persons Wills 

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  • Full description

    Elder Law is a book for the legal practitioners, financial advisors, allied health professionals and medical practitioners working with older Australians. It is also a comprehensive and practical book for academics teaching the elder law advisors of the future.

    The book takes a multifaceted approach to the issues facing older Australians and is structured around key questions including:

    • Who will make decisions for me if I am unable to?
    • How can I record my decisions in advance so people can make decisions that align with my preferences?
    • What services are available to support me?
    • Where will I live?
    • How do I plan a secure financial future for myself and my loved ones?

    It responds to these questions in 20 chapters, each written by experts who are actively engaged in the field. Chapters address issues such as: supported and substitute decision-making including substitute decision-making instruments; the roles of tribunals hearing guardianship and financial matters; the accommodation options available to older Australians and the financial implications of these choices; financial issues including superannuation and Centrelink benefits, and financial elder abuse; and older age discrimination.

  • About the author

    Sue Field is an Adjunct Associate Professor at Western Sydney University where for the past fourteen years she has taught elder law to undergraduate law students. Sue is also an Adjunct Associate Professor at Charles Sturt University, a Lead Investigator with the Cognitive Decline Partnership Centre and a Research Fellow at the University of Western Australia. Sue has published widely and presented at many international and national events.

    Karen Williams is a Lawyer with over 10 years’ experience appearing before Tribunals with matters concerning a person’s decision-making capacity. She manages a Guardianship Team for Aged and Disability Advocacy Australia. She currently Chairs the Health and Disability Committee for the Queensland Law Society. She has also worked as a Social Worker for 20 years in metropolitan and rural mental health services, including Emergency, and Mental Health. She won a National Disability Advocacy Award in 2015.

    Carolyn Sappideen is Professor of Law at Western Sydney University. She has published widely in Torts Law with leading texts Torts Cases and Materials, and as chapter contributor and co-editor of Fleming’s The Law of Torts plus numerous peer reviewed articles in the field of Law and Medicine. She is a leading authority on Employment Law as the lead author of Macken's Law of Employment from its 1st edition in 1978 to its current 12th edition in 2016. Together with Sue Field, she has established, and is the co-editor of, the Elder Law Review at Western Sydney and has continuing research interests in Elder Law. The School of Law Western Sydney University was the first Australian law school to develop and teach the unit Elder Law.

  • Product details

    ISBN: 9781760021825

    Published: 2018

    Format: Softcover

  • Table of contents

    Preface 
    About the Contributors 
    Table of Cases 
    Table of Statutes

    Part I – Introduction

    1.  Overview of Elder Law 
               Karen Williams, Carolyn Sappideen, Michael Perkins and Sue Field

    Part II – Your Capacity to Make Decisions

    2.  Tribunals and Statutory Authorities 
               Anita Smith 
    3.  Assessment of Decision-Making Capacity 
               Peteris Darzins 
    4.  Powers of Attorney 
               Ray Ward 
    5.  Enduring Guardianship 
               Karen Williams 
    6.  Advance Care Directives 
               Cameron Stewart 
    7.  Supported Decision-Making 
               John Chesterman

    Part III – Where You Live: Support Services and Accommodation Options

    8.  National Disability Insurance Scheme 
               Bill Madden, Janine McIlwraith and Ruanne Brell 
    9.  Commonwealth Home Support Programme 
               Karen Williams 
    10.  Granny Flats 
               Sue Field 
    11.  Boarding Houses 
               Carolyn Sappideen 
    12.  Mobile, Relocatable, Manufactured Homes and Lifestyle Resorts 
               Carolyn Sappideen 
    13.  Retirement Villages 
               Sean McCarthy 
    14.  Residential Aged Care Facilities and Home Care 
               Brian Herd

    Part IV – Funding Your Retirement: Sources of Income and Risk

    15.  Government Pensions and Benefits 
               Adam Steen 
    16.  Superannuation 
               Michael Perkins 
    17.  Reverse Mortgages 
               Adam Steen and James Taggart 
    18.  Financial Abuse 
               Teresa Somes and Eileen Webb

    Part V – Your Estate

    19.  Your Estate 
               Robert Monahan and Julia Monahan

    Part VI – A Fair Go

    20.  Discrimination 
               Meredith Blake

    Bibliography

    Index

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