Elder Law

Elder Law

From making a Will, ensuring you have Enduring Powers of Attorney in place to downsizing your home or buying into a retirement village, moving into a rest home or residential care we are here to provide specialised legal advice to seniors looking at the new stage in their lives. We will take the time to understand your current situation and what you would like to achieve in the future to ensure you understand your options and make the right decisions for you and your family.

Estate Planning and Asset Protection

Estate planning is about ensuring that all your legal affairs are in order and reflect your wishes, in the event that you become incapacitated or pass away so your assets are protected, both now and in the future.

In today’s society families can be complicated and we can help ensure that your assets are protected and advise you on the best way to ensure that those hard earned assets are distributed as you would like upon your death.

Areas of law covered include:

Wills including living wills
Ownership of property e.g. personally or by a Family Trusts
Pre-paid Funerals
Enduring powers of attorney for personal care and welfare
Enduring powers of attorney for property
Relationship property agreements
Occupation Licences

Lack of Capacity

If your loved one becomes mentally incapacitated through illness or injury and they do not have enduring powers of attorney in place before you are able to act on their behalf, you will need to make an application under the Protection of Personal Property Right Act (PPPR).

On your behalf we can prepare an Application to the Court for you to be appointed as a Welfare Guardian or Property Manager. To meet the time frames for orders we can assist with further orders before they expire.

Documents required are:

Applications to be appointed Property Manager
Applications to be appointed Welfare Guardian
Applications for further orders where previous orders set to expire

Elderly Rates Rebate

You may be able to qualify for a rates rebate from the Council if you have a limited income which can be a simple process but becomes complicated if the home you live in is owned by a family trust. We can assist by registering a lease on the property, enabling you to qualify for a rates rebate.

Downsizing Your Home

If you are looking to downsize you may be looking at buying property with a significantly different legal entity to possibly your current standard freehold property. If you are looking at buying a unit, apartment or townhouse, we can help you understand the benefits and pitfalls of unit titles, body corporates, cross lease titles and other more complicated ownership structures and what this means to you. Or alternatively you may wish to stay in your existing property and take out a reserve mortgage. All of these matters we can discuss with you and help you make the right decision for you.

Buying into a Retirement Village or Community

If you are moving into a retirement village this usually involves a very different type of ownership than your standard family home. We can go through the retirement village contract with you and help you understand what this means to you.

Moving into a Rest Home or Residential Care Facility

Moving into a rest home or residential care facility can be an expensive undertaking. You may be worried about whether you can afford to go into care, who pays if you don’t have enough money or how does previous gifting to a family trust affect whether or not you qualify for a the Government’s residential care subsidy?

We can advise you on the asset threshold limits, what exemptions for residential care subsidies or assistance are available for residential care loan if you do not qualify for a residential care subsidy.

Elder Abuse

Elder abuse and neglect is a sensitive subject often occurring behind closed doors and sadly, is unreported. Such abuse occurs within a relationship of trust, usually by members of an older person's family/whanau, or a carer being paid for their services.

As a universal problem, elder abuse is not limited to any one gender, religion, cultural, ethnic, income or age group and includes not only physical violence (ie hitting, slapping or pushing) but can also include psychological abuse (ie being called names and "put downs", being humiliated, threats or removal of decision-making and being intimidated).

Other abusive behaviour can also include:

* being locked in their room so they are not free to come and go;

* being kept at home, denying them whatever care may be required;

* being treated like a child;

* taking decisions out of their hands (ie who they see, talk to, where they go and what they do); and

* using their money and EFTPOS/other cards without their consent to do so.

Neglect is a failure to provide the basic necessities of life (ie adequate meals, heating, clothing, failure to adhere to medical advice of health professionals etc).

If you or a loved one is being subject to elder abuse our experienced and friendly Ward Adams Bryan-Lamb team can assist you in providing sound legal advice. A new Elder Abuse Response Service ("EARS") has also been set up which provides a 24 hour free helpline service on 0800-32-668-65, with our local Age concern Southland also providing valuable services to assist.