M1 - Learner Manual

2.3. Elderly People in Care

In each state and territory in Australia there are laws in place that deals with issues that may arise for elderly people, broadly this is called Elder Law. This area of law applies to elderly people, including those who are in care in an aged care facility. A number of different laws may apply in this area depending on the issue that arises for your client. Some laws with be state or territory based, such as the Powers of Attorney Act 2003 (NSW) and the Guardianship Act 1987 (NSW)  . Some laws that apply will be Commonwealth, such as the Aged Care Act 1997 (Cth) and the Quality and Care Principles 1997 (Cth).

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

• An issue may arise about healthcare or accommodation.
• There may be an abuse allegation of an elderly person in an aged care facility.
• There may be a dispute or issue relating to a client’s will or estate.
• You may need to assist in relation to an Aged Care or Nursing Home Agreement.
• There may be a Guardianship issue.