Elder Law

Often in later years, people have more complex legal arrangements and more compelling needs to plan for likely future events and issues such as retirement, illness, and future living arrangements.

Sometimes, if these arrangements are not already in place, a family member must make tough decisions and negotiate a complex and difficult legal process to make suitable arrangements for ongoing care of an elderly family member or administration of their affairs or estate.

Marriott Oliver can guide you through elder law issues with practical advice and help to make secure legal arrangements which suit your circumstances and meet your objectives. Peace of mind comes from getting affairs and arrangements in order.

We provide clear and astute advice to help retired and soon to be retired people and their relatives with:

  • retirement living and nursing home contracts
  • estate planning
  • wills
  • aged care facility agreements
  • asset protection
  • business succession planning
  • family financial arrangements
  • management of affairs and property
  • appointment of alternate decision makers in case of incapacity
  • family mediation and disputes

Marriott Oliver understands the considerations involved in future planning. Each individual has their own distinctive and unique network of relationships and financial arrangements as well as special issues and priorities. We will always listen closely to your concerns and take time to understand your situation so we can give you detailed advice to protect and promote your interests.

If you need help to plan for your future, or simply want some independent professional advice on your options, please contact us.

Retirement Living
When you retire, your lifestyle and situation may change quite considerably. There are many legal ramifications you may not have considered. There may also be additional options for securing your future living arrangements and for better protecting your interests upon retirement.

Management of Affairs
Effectively managing your legal, business, and financial affairs is an ongoing and sometimes complex task as you get older. There are multiple factors to consider which may lead to much confusion and stress. Marriott Oliver will give you practical advice and help to set your affairs in order, make sure you understand all your options, and are well equipped to make the best decisions.

Aged Care Facility Agreements
These are provided by aged care accommodation providers and set out arrangements for the care you will receive and what you can expect of the provider. Marriott Oliver can help you understand your care agreement including what you are agreeing to do and receive, and can give you professional advice on how to best protect your interests when you or a loved one is entering an aged care facility.

Enduring Power of Attorney
A Power of Attorney is a document where you appoint a person (your attorney) to make financial and legal decisions for you or on your behalf. There are many options regarding who you appoint, when the appointment becomes effective, and limitations or restrictions you place on the Attorney. Marriott Oliver will give you practical advice so your Power of attorney document suits your specific needs.

Enduring Guardianship
Appointing a Guardian enables another person to make lifestyle and medical decisions for you in the event you lose the ability to make those decisions. This appointment means you can choose who will make these decisions and it also allows you to give them binding directions about how they are to use this power. Your guardian will ensure that your wishes are carried out even if other family members do not agree.

Guardianship Tribunal Matters
Sometimes when a family member loses capacity to make decisions disputes arise about their finances, care or medical treatment and there is no appointed attorney and/or guardian with legal authority to make the important decisions. In these situations you may apply to the Guardianship Tribunal to appoint an attorney or guardian.

Unfortunately, even when a guardian has been appointed there is sometimes doubt as to whether they are acting appropriately and as directed. In these situations you may apply to the Tribunal to investigate.

Marriott Oliver provides advice to family and friends who wish to apply to the Tribunal, as well as those who find their guardianship actions questioned. We can help put your application to the Tribunal and appear at Tribunal hearings on your behalf.

Living Will - Advanced Directives
An Advanced Directive or Living Will specifies what medical treatment you would like in specific circumstances. In a Living Will you specify what treatment you want, or don’t want, if you become too incapacitated to communicate this directly.

This document is given to your guardian and medical professionals entrusted with your care so they may carry out your wishes. This makes certain that if you are unable to give those directions your wishes are still known and respected.

Family Mediation and Disputes
There are many decisions to make when planning your future. Sometimes your family does not agree with your decisions and issues can arise which are not easily resolved. Marriott Oliver offers help and advice from a completely independent and professionally qualified third party to help your family work through these issues and come to a mutually acceptable resolution. We can make sure your voice is heard in any family dispute and that your interests are safeguarded.

Marriott Oliver will support you with personalised and professional service.