Lawcorp Blog

Lawcorp Lawyers Blog

Abuse of the Elderly

Posted by Ian Campbell on Thursday, June 28, 2018

The demographics of the Australian population is changing so dramatically that the number of people in the over age 50 group will exceed the under age 50 group in another generation. 

With this transition comes vulnerability to risk of abuse and exploitation by others looking to take advantage of these circumstances and it has seen significant increase in the overall abuse of elderly people, the most likely offenders being adult children.

Abuse of the elderly can be defined as any action or decision made within a relationship of trust leading to harm, abuse or exploitation of an elderly person. This can involve the mismanagement, improper or illegal use of an elderly person’s assets by anyone who has formed a relationship that has implicit trust characteristics with an elderly person.

Some common examples of abuse are:

-      leading an elderly person to sell their home in return for future care and accommodation that does not eventuate.

-      direct threat or pressure on an elderly person to relinquish their assets

-      breach of Powers of Attorney held on behalf of an elderly person

-      taking unauthorised control or management of an elderly person’s finances.

Abuse usually occurs gradually over time and not as a single event and so, it is difficult to recognise or assess if and when abuse actually occurs. There are many indicators and risk factors of abuse that present themselves which can be identified when addressing the affairs of an elderly person.

Lawcorp Lawyers believe it is crucial that independent advice and direction be sought on the above matters and invite you to contact Don Smarrelli on 98946888 who will be pleased to assist you.

Dispute Resolution

Posted by Ian Campbell on Friday, November 10, 2017

Dispute resolution is all about understanding and accepting change to move into the future when two or more parties have a conflict or dispute. The manner in which a dispute can be resolved will vary depending on how flexible and open minded the parties are.

Negotiation & settlement

This is the most effective and cost efficient method for resolving disputes or controversies. The parties involved meet to discuss their concerns and attempt to harmoniously reach an outcome satisfactory to them all.

Mediation is the process where the parties in dispute working through their lawyers agree in advance to appoint an independent third party called a Mediator acting in good faith and making every reasonable effort to achieve an agreement. A mediator may well be a professional advisor such as a lawyer who works with the parties in a ‘give and take’ process in achieving a satisfactory outcome. This is by far a much quicker, easier and affordable process for the parties themselves to make the final decision.

Where the matter is resolved, ideally a signed agreement between the parties should be executed for reference in the event that any parties involved were to breach the agreement.

Arbitration involves the parties in dispute working through their lawyers agree on and appoint an independent third party called an Arbitrator who arranges an informal hearing to decide on how the dispute should be resolved. Arbitration is far less expensive than litigation, however, the Arbitrator makes the final binding decision on the parties involved.

In any circumstance, it is vital that disputes of any kind are handled in an appropriate manner so as to maintain a calm, harmonious and professional environment and ensure ongoing relationships between disputing parties remain manageable.

Lawcorp Lawyers has the expertise and knowledge to build a dispute process that specifically meets the unique needs of each client and will focus on achieving the best outcome not only in resolving immediate disputes, but also providing direction as to how to avoid any potential future disputes. If you would like any further details, please contact Danijela Luzaic on 9894688 who will be pleased to assist you.

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