Our committed and empathetic team is here to offer legal guidance and support across all areas of family law – from divorce and property settlements to parenting arrangements and child support.
Elder law is a specialised area of legal practice dedicated to addressing the unique challenges faced by older Australians. Our team ensures that these matters are approached with a clear understanding of how they specifically affect older individuals.
Our experienced and compassionate team is committed to supporting seniors and their families across all areas of elder law – protecting the rights of vulnerable individuals and providing trusted guidance every step of the way.
Enduring power of attorney guidance/misuse
For many older people who are concerned about the possibility of losing capacity, an EPOA provides peace of mind. It enables you to nominate a trusted partner, child, relative, or friend to make decisions about both personal (including health) matters and financial matters.
An EPOA is a significant legal document, and your attorney should be chosen with great care. Sadly, misuse of an attorney’s powers does occur. Where an attorney fails to act in the best interests of the person they represent, urgent intervention may be required to protect assets and remove them as decision-maker.
We advise attorneys who want to ensure they are meeting their obligations under the EPOA and the Powers of Attorney Act 1998 (Qld). It is vital that attorneys act in accordance with the General Principles and always prioritise the rights and interests of the person they represent.
Our team has experience advising on potential misuse of powers of attorney and assisting with applications to the Queensland Civil and Administrative Tribunal (QCAT) to secure appropriate orders.
Administration and guardianship
If a person loses capacity and does not have an Enduring Power of Attorney in place, someone will need to be legally appointed to make decisions on their behalf.
In these situations, the Queensland Civil and Administrative Tribunal (QCAT) may appoint:
- A Guardian — to make personal and health decisions
- An Administrator — to manage financial matters
Our team regularly assists with QCAT applications for the appointment of guardians and administrators, ensuring the rights and interests of vulnerable individuals are protected.
Elder abuse
Elder abuse involves the exploitation or neglect of an older person, often by someone they know and trust. Abuse is not always physical — financial abuse is one of the most common forms.
Financial abuse may include pressuring a person to give money or assets, misusing bank accounts or credit cards, or isolating them from their support networks to gain control over their finances.
Early detection and swift action are essential. Where elder abuse is suspected, immediate investigation and protective measures may be required to prevent further harm.
Our team provides guidance and legal support in responding to elder abuse.
For help, call 07 3392 0551 or email [email protected].