We remain open and continue to serve our communities during the COVID-19 pandemic. Click here for more info

Retiring and getting older

Some common questions about Elder Law:

It is a legal document in which you appoint the person or trustee organisation of your choice to manage your property and financial affairs while you are still alive. This may be because you can no longer manage them yourself or because you choose not to for any reason. You don’t lose control of your affairs – you can still manage them if you wish to, and you can revoke the Power of Attorney at any time.

This is where you appoint someone to manage your personal affairs when you can no longer make these decisions for yourself. These decisions might include where you live, what healthcare you receive, and consent to medical or dental treatment.

Making a Will is the only way you can be sure that what you own will be distributed in accordance with your wishes after you die. In the absence of a Will, the Court will appoint an administrator to deal with your estate, which will be distributed according to intestacy rules. These prioritise the beneficiaries according to different classes. For example, if there is no surviving spouse or children, they prescribe who the estate will then pass to such as siblings, half-siblings, other relatives etc.

Our experts

Postcode

News

Whose will applies if both parents die at the same time?
12 Mar 2020
If the unthinkable were to happen and both parents die at the same time, say in ...
Read More
Harvesting the sperm of a dead man – what does the law say?
11 Mar 2020
The NSW Supreme Court has recently had to grapple with the question of who owns ...
Read More
Figuring out who the “relevant insurer” is under the Motor Accident Injuries Act in NSW
04 Mar 2020
A new concept under the Motor Accident Injuries Act (MAI Act) that requires ...
Read More
How do you make a small claim in NSW?
27 Feb 2020
If you find yourself in a position where you’re out of pocket because of ...
Read More
Transferring control of a discretionary trust – what you should consider
31 Jan 2020
For many years, Australians and organisations, including small businesses, SMEs ...
Read More
Law on digital assets after death under review
15 Jan 2020
With much of our lives now being documented online via social media and a range ...
Read More
Foreign resident tax rates and surcharges could sting the unwary
28 Nov 2019
There are important laws governing investment in Australia by a foreign ...
Read More
Voluntary superannuation contributions from downsizing an opportunity for over 65s
12 Nov 2019
Introduced in 2018, the downsizer superannuation contribution strategy gives ...
Read More
Is a de facto relationship the same as a marriage?
06 Sep 2019
It’s a common misconception in Australia that people living in a de facto ...
Read More
Estate planning at tax time: a prime opportunity to ensure your assets are protected
24 Jul 2019
Tax time: it’s the one time of the year that you need to get your financial ...
Read More
Does a sperm donor have parental rights?
03 Jul 2019
Advances in medical science have introduced a number of complex legal questions ...
Read More
Before buying property with friends be aware of the potential pitfalls
11 Apr 2019
Co-ownership an obvious option in a high-priced property market With sky-high ...
Read More

Why Stacks

No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)
Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy