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Assets for Care
A guide for lawyers to assist older clients at risk of financial abuse
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Index
Resources
Index
Financial abuse
Definition
Signs of abuse
Abusive transactions
Lawyer’s role
Professional duties
Avoid conflicts of interest
Advise fully
Re capacity and influence
Interviewing older clients
Being aware of diversity
Human rights
Costs
Referring clients
Advice checklist
Capacity
Is there capacity?
How is capacity assessed?
Evidence of incapacity
Strategies to reduce risk
Expert assessment
Client lacks capacity
Preventive steps
Family agreements
Form and features
Issues to canvass
Drafting checklist
Centrelink issues
Gifting
Granny flats
Reverse mortgage & home reversion
Nominees
Carer benefits
Centrelink waiver
Financial and tax implications
Reverse mortgage & home reversion
Accommodation bonds
Capital gains tax
Stamp duty
Planning law
Wills
Relationship breaks down
What is the relevant law?
Taking instructions
Equity
Usefulness
Constructive trusts
Resulting trusts
Equitable liens and charges
Estoppel
Undue influence & unconscionable dealing
Contract
Breach of contract
Is there a contract?
Caveats
Caveat needed?
Caveatable interest?
Life estates
Criminal law
Report an offence?
Civil debt and asset recovery
Consumer credit
Consumer credit protection
Unsuitable loans
Dispute resolution schemes
Banking codes
Family violence
Intervention Orders
Who is a family member?
Appropriate conditions
Family law
Substitute decision-making
Powers of Attorney
Choosing an attorney
Forms of PoA
Changing/revoking PoA
Capacity to make an EPoA
Abuse of EPoA (Financial)
Guardianship and Administration
VCAT’s role
Applying for orders
Who to appoint?
Sample Family Agreement
