If you are considering moving, then carefully consider…

• How will moving affect your pension entitlements and fees for government – subsidised care?
• What protections will you have over increases in day-to-day costs?
• What protections will you have against being forced to leave?
• What are the best ways to protect your rights to get your money back when you want or need to leave?
• How will the new arrangement affect leaving your estate under your will?

The answers to these important questions vary greatly with each type of accommodation, and how it is set up. Get sound legal advice BEFORE you commit.

Financial elder abuse – how can you prevent it?

• Everyone hopes they won’t suffer dementia, but what can do you to protect your wealth and health if you lose mental capacity?
• Have you appointed a person of your choosing to be your enduring power of attorney and enduring guardian, in combination with drafting a Will?
• You can only do these things while you have the mental capacity to do so … wait too long, you lose the opportunity and NCAT may have to do it for you.
•  

Financial elder abuse – how can you remedy it?

• When and how should you confront the suspected abuser?
• When and how should you apply to NCAT to have an enduring power of attorney, reviewed, revoked or replaced?
• When and how should you apply to NCAT to have a financial manager appointed, supervised by the NSW Trustee and Guardian?
• When and how should you apply to the Supreme Court to seek the return of money or property wrongly taken?
• Has there been
  • A breach of “fiduciary duty” by an attorney?
  • Undue influence or unconscionable conduct by someone in obtaining an elder’s money or property for less than market value?
  • A breach of a loose promise to provide care and rent-free accommodation for life to an elder in exchange for their money or property that has already been paid or transferred?
  • An unexpected breakdown in relationships so cohabitation is no longer tenable but agreement can’t be reached about how to return money or property contributed to the arrangement back to each contributor?

Please note that I am a government solicitor and do not give advice as a private practitioner.