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Powers of Attorney & Elder Law.

Guides on enduring powers of attorney, medical treatment decision makers, supportive attorneys, guardianship, administration and the elder-law safeguards that protect Victorians who appoint or act under them.

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All articles in powers of attorney & elder law.

Challenging Aged Care Assessment Decisions: Internal Review and the ART

A Notice of Decision refusing access to funded aged care services, setting a classification level or assigning a priority category can be challenged. This guide explains which decisions are reviewable under the Aged Care Act 2024 (Cth), how to request reconsideration within 28 days, what the internal decision reviewer must do within 90 days, the deemed-affirmation rule, and how and when to apply to the Administrative Review Tribunal.

15 min readReviewed by JULIAN McINTYRE, Associate
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Reverse Mortgages in Victoria: Legal and Elder-Law Considerations

A reverse mortgage lets an older homeowner borrow against home equity while ordinarily keeping ownership, with repayment postponed until a contractual trigger. This Victorian guide explains the consumer-credit protections that apply, what the credit contract and mortgage actually control, how capacity and enduring powers of attorney affect the transaction, what happens to a spouse or co-resident, and how the debt is dealt with on a move into aged care or on death.

16 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Advance Care Directives in Victoria: Instructional vs Values Directives

A Victorian advance care directive can contain an instructional directive, a values directive, or both. This guide explains the legal difference under the Medical Treatment Planning and Decisions Act 2016 (Vic), the formal signing and witnessing requirements, when each type of statement operates, what health practitioners and medical treatment decision makers must do with it, and the limits and exclusions that apply.

21 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Statement of Rights Under the Aged Care Act 2024 (Cth)

Part 3 Division 1 of the Aged Care Act 2024 (Cth) gives older people a Statement of Rights when accessing, or seeking to access, funded aged care services. This guide explains each right in section 23, how section 24 governs their effect and permits necessary balancing, why the Statement is not directly enforceable in a court or tribunal, and how it still bites through provider registration conditions and the complaints system.

21 min readReviewed by JULIAN McINTYRE, Associate
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Aged Care Complaints and the New Complaints Commissioner: A Family Guide

Since 1 November 2025, complaints about Australian Government-funded aged care are handled under the Aged Care Act 2024 (Cth) by the Aged Care Quality and Safety Complaints Commissioner. This guide explains who may complain, what the process covers, how to prepare and lodge a complaint, what outcomes are realistic, and when police, VCAT or a lawyer is the better pathway.

18 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Supportive Attorneys in Victoria: How the Appointment Works

A practical Victorian guide to appointing a supportive attorney under the Powers of Attorney Act 2014 (Vic) — what a supportive attorney can and cannot do, how it differs from an enduring power of attorney, capacity requirements, the correct form and witnessing, decision-support rather than substitute decision-making, third-party recognition, revocation and safeguards against abuse.

26 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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