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Australia has an ageing population and in this period of pandemic, there are many life events associated with ageing which require a person’s consideration including:

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• Where will I live? [More ...]

• Who will I live with? [More ...]

• What will I live off? [More ...]

• Who will make decisions for me if I am unable to do so? [More ...]

• What happens if I am subjected to discrimination, physical or financial abuse? [More ...]

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When considering these issues an older person should, generally:

• Prepare and execute or update their Last Will and Testament to reflect their current testamentary wishes.

• Have an Enduring Power of Attorney as a form of alternate decision making in favour of a person or persons or trustee organisation who can be trusted to manage your assets and to make legal decisions in relation to your finances on your behalf.

• Have an Enduring Guardian appointment  as a form of alternate decision making in favour of a person or persons or trustee organisation who can be trusted to make appropriate health care, medical and lifestyle decisions manage your assets and to make legal decisions in relation to your finances on your behalf if you become unable to, due to injury, illness, or disability.

• Have a non- legally binding Advance Care Plan or preferably an Advance Care Directive, a legal document, that provide a clear set of directions including your wishes and values and preferences about your future care that need to be considered before medical treatment decisions are made on your behalf, particularly if you have beliefs about your future medical treatment. You might also consider a Do Not Resuscitate Order which is a non-binding document containing your wishes when not to be resuscitated.

• Have the proper documents in place to ensure that any superannuation or investments you have goes to the beneficiaries of your choice whether directly or distributed as part of your estate.

• Have a Granny Flat Agreement in place if you and or you spouse are considering a “cash for care” arrangement where one or both of you are provided with accommodation in the home of an adult child or if you modify your own home to provide accommodation for an adult child and or their family or if you sell your home to pay for a granny flat to be built at the child's home.

• Investigate the benefits and drawbacks of using reverse mortgage and equity release products which may provide an additional income stream in excess of regular pension entitlements, allowing you to remain in your home.

• Research alternative accommodation to meet future requirements such as retirement villages, Residential Aged Care facilities, and if the circumstances require, then consider boarding houses and mobile, relocatable, and manufactured homes and lifestyle resorts.

• Know your rights about discrimination, physical or financial abuse and the agencies that can provide counselling as well as legal and advocacy support in these areas.

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If you or someone you know wants more information, help or advice on any of these matters, please contact Gerard Kell & Co on 0412 4242 38 or email us at gerard@kellcolegal.com.au