Elder Abuse – a Silent and Growing Epidemic

Elder Abuse in Australian Estate Planning

The longer we live, the better our scientists & doctors will become at improving our life-expectancies.   Australia now has one of the highest life expectancies in the world (higher even than USA and UK). As a result we can expect to live longer but we must also expect to require increasing amounts of assistance in our later years.

We are likely to rely upon an increasing amount of care towards the end of our lives, and this care will be provided by people who will be in a position to influence us regarding testamentary gifts.

The role of carer can be quite an intimate one.  Confidences can be shared; friendships are established.  It becomes a “trust” relationship. However the potential inequality in the relationship (the reliance that is necessarily placed upon the stronger person by the weaker person in the relationship) creates a ready climate for exploitation.

Alzheimer’s Month adelaide wills and estate planning

How To Address The Most Overlooked Legal Consequences Of Dementia

How To Address The Most Overlooked Legal Consequences Of Dementia adelaide wills and estate planning

According to Alzheimer’s Australia, there are nearly half a million Australians currently living with dementia, and by 2025, this number is expected to triple. How should families of vulnerable older people help them to protect themselves and their assets?

There are several different types of dementia, including Alzheimer’s disease, Vascular Dementia, Dementia from Parkinson’s disease and similar disorders, Dementia with Lewy bodies, Frontotemporal dementia (Pick’s disease), Creutzfeldt-Jakob disease, and others.

Some of the early effects are mild. Symptoms can seem to come and go, and people can have good days and bad days.

In the legal world, there is an emphasis on something called “capacity”, which usually refers to a person’s “testamentary capacity”.