with Evelyn Beaver Principal Solicitor , New Day Legal

Are you an elderly person feeling anxious about your future ? With Australia having an increasingly aging population , the realities of our vulnerabilities as we age can become a cause for concern for both our elderly folk and their families .

Although the concepts are the same , the key legal documents especially important for elderly people are as follows :

Power of Attorney – A Power of Attorney is a legal document which gives authority to at least one trusted person but preferably two to manage your legal and financial affairs on your behalf . It is also worth noting that the laws regarding Powers of Attorney differ between the various Australian states and territories . There are two types of Powers of Attorney – General Power of Attorney and Enduring Power of Attorney . The differences being that a General Power of Attorney ceases to have effect once you lose the mental capacity to make legal and financial decisions , whereas an Enduring Power of Attorney will continue to operate once you lose mental capacity .

Appointment of Enduring Guardian – An appointment of Enduring Guardian is the document which is used to appoint a trusted person or persons to make important healthy and lifestyle decisions on your behalf . They are especially important in the management of patient

care in hospitals and nursing homes .

Your Will is an important document which sets out ( amongst other things ) your intentions in relation to your property once you pass away . A properly prepared Will is essential to help reduce the risk of a potential dispute in relation to your estate once you have passed away . The New Aged Care Act The New Aged Care Act is expected to commence on 1 July 2025 along with the launch of the Federal Government ’ s Support at Home Program . As an outcome of The Royal Commission into Aged Care Quality and Safety , the reforms in the new law will have a ‘ rights based approach ’ for older people in our aged care system .

Question Do you have a Power of Attorney and / or an Appointment of Enduring Guardian ? If so , are they up-to-date and do they properly reflect your current situation and the current law ? Going forward , how will The New Aged Care Act affect you ?

A solicitor who is well experienced in these key areas of elder law and who has a detailed understanding of The

New Aged Care Act can work with you alongside an aged care financial planner and / or an accountant to give a clear understanding of what the changes may mean for you and to ensure all relevant legal documents are up to date .

Would you like to know more ? Here at New Day Legal we especially value our seniors and are committed to providing a caring and compassionate comprehensive legal service with the

needs of our seniors in mind . We will visit in home if required to help our them with their legal matters .

Alternatively , our premises at 47 Garfield Road East , Riverstone , has easy access to our office with parking ( off street ) directly in front of our office .

Please feel free to give us a call on 9627 2051 to make an appointment to discuss these important legal issues .