Elder abuse is an important human rights issue yet little is known of its extent, it is under-reported. Not surprising as elders feel vulnerable, are dependent and likely do not have the capacity to do so, or if they did, know to whom to report it. Aging is a time of increasing vulnerability, of varying dependence on others for support of different kinds, depending on individual circumstances. Everyone is entitled to a life of dignity and safety in their old age, free of abuse and exploitation.
Updating a will might seem a troublesome chore, but circumstances can change from the time it was made. The changes might produce unintended and unwanted outcomes in the event of death. Therefore reviewing a will is important to keep its contents in line with intentions.
Regularly reviewing your will every few years or so, in light of changes in your life, is worth doing, as life events and matters such as those outlined below can affect a will. Everyone’s situation is different so in all cases seek professional legal advice from a solicitor providing services in this area.
Legislation in each state and territory provides for a person to make ‘enduring’ arrangements, set out in a formal legal document, (callled an enduring power of attorney), where they name someone else to make certain decisions on their behalf, in the event they become incapacitated and unable to continue managing their affairs.
An enduring power of attorney is a powerful document
In considering the making of an enduring power of attorney in the personal and family context, a Judge of the New South Wales Supreme Court said the following: