Legal & General
Welcome to the YOURLifeChoices Legal page. Our Power of Attorney page provides you with relevant information to make the decision if it is for you, while our Wills page gives you all the information you need to decide what you want to do when you leave it all behind.
What is a Power of Attorney?
A Power of Attorney is a document which means that the person to whom it is granted becomes virtually indistinguishable from the person granting the Power of Attorney, in so far as the institutions which require transactions to stand up in court are concerned. More than one Power of Attorney can be appointed if it’s appropriate. But decide if they will be able to act only together (jointly) or together and separately (jointly and severally). If one person could be away when a signature is needed, it might be worth them being able to act separately. Find out more
Separation – your rights
What happens if your child separates from a spouse or partner? Does this mean you may not see your grandchildren again? Or at best once or twice a year? What does the family law act say?
There has been a shift in the law recently whereby the rights of grandparents to have a relationship with their grandchildren has been recognised. But enforcing this can be difficult and distressing for those involved.
Family law act
If your child separates from a spouse or partner, and access to the grandchildren is under consideration, the best interests of the child are the primary concern of the courts. This includes access to both parents and the need for physical and mental wellbeing. Under additional considerations are access to other people, including grandparents.
Parenting orders
Who will the child live with and how much time will they spend with the other parent and other people, including grandparents? If both parents want access and both have parents who also want access this is six adults wishing access to a child, and six into one is a ver challenging sum! The following document explains how parenting orders work
or phone 1300 352 000
Helpful overview brochure on grandparenting
The legal costs involved can also be prohibitive and legal action should be a last course of action. So what steps do you take to rectify a difficult situation between grandparents and the parents of their grandchildren? The following organisations have many years experience in dealing with reconciliation and may be able to assist.
Families Australia
Raising Children Network
Family Relationships
When all else fails and legal action is the only course left, Community Legal Centres can provide free advice on how to proceed. To find a centre in your area, visit the National Association of Community Legal Centres.
Telephone complaints heard
If you’re one of the many people that have a grievance with your telephone or internet service provider that seems beyond resolution, then may be the Telecommunication Industry Obudsman (TIO) can help.
For the year 2007/08, the TIO have seen an increase of 41% in the number of people who have contacted them with a complaint against the telecom industry. The number of complaints received regarding mobile services increased by 58% and a whopping 122% increase in complaints regarding premium mobile services was recorded.
Complaints can be made to the TIO online, or by phone, fax, email, in writing, by TTY or in person and the TIO aims to settle disputes quickly in a fair and objective manner.
For more information on how the TIO may be able to help you with a dispute, visit the TIO.
Free legal advice
When faced with a legal problem, many people are put off from consulting a lawyer due to the cost involved. Community Legal Centres can provide assistance free.
If you’re unsure about any legal matter, you local Community Legal Centre can advise if there is anything state or federal law can do for you and help you with a referral to a suitable lawyer. This initial consultation will help you ascertain if it’s worthwhile pursuing your case, without having to spend any money.
For details of Community Legal Centres in your area, visit the National Association of Community Legal Centres.
Westpoint compensation
The Australian Securities and Investments Commission (ASIC) is taking legal action with the aim of securing compensation for investors in the failed property investment group, Westpoint.
ASIC believes that, if successful, the legal action could provide benefits to 3600 out of some 4300 investors. Investors can find out detailed answers to the most frequently asked questions about the compensation proceedings, including whether they are likely to benefit, by clicking here.
Carolyn’s concern for her mother
Q. Our 92-year-old mother, who has Macular Degeneration, lives alone on her 50 acres and has been stripped of her life savings by a conman doing a botched asphalting job. What can we do?
He drove her to the bank to get the money; the job was only for a few metres, not the 100 metres he did. We live in NSW, and I notice the TARS site is basically for people who live in institutions. We have contacted the police but have been told we would have to take civil action as Mum handed over the money. There are no written quotes, documentation or receipts, so we don’t have any idea where to start.
A. The EAPA (Elder Abuse Prevention Association) has advised the following:
“This is definitely a criminal offense and fraud on the part of the conman.
Your writer should notify the police again and speak to the Fraud Investigators in the CID [Detective Division] of the Crime Department. The investigator will go from there.”
Click on the following link to access the EAPA website, should you wish to contact them for more information. http://www.eapa.asn.au
Simon is making a will
Q. We are both getting on in age and are contemplating preparing a will. We have the plans in mind but need to put it into a proper and legal documentation. Could you advise us on the procedure and cost of the will preparation?
A. We would always recommend getting professional advice for any matter such as this and shopping around can make a difference. The cost of making a will can vary greatly depending on the work involved and I would suggest consulting www.aussielegal.com.au, a website that offers useful advice, guidance notes, competitive prices and do-it-yourself will kits, which make a cheaper alternative. Qualified and practicing lawyers run this site, which is a very good place to start.
Tax help
If you are in need of help with your tax return and live on a low income, the tax office may provide someone to assist you.
Community volunteers are trained by the tax office to go out into the community and help those with English as a second language and those on low incomes to prepare their tax returns.
To find out if you are eligible for this program, to make an appointment, or to find out the community centre or library nearest to you where the program is being held and call the Tax Help Centre on 13 28 61.
Senior’s Legal Rights
A specialist in elder law at the University of Western Sydney has called for the creation of specialist legal centres across Australia to help older people who may be vulnerable to abuse of their finances. Some government agencies provide general assistance, but more specific legal information and education could help prevent older Australians losing their savings.
Older people are often the target of unscrupulous financial traps but it can also be the people who are closest to them who deceive. “A loss of trust and the associated shame can also cause depression and health problems,” says Sue Field, elder law specialist form the University of Western Sydney.
Health professionals often pick up on signals that point to the financial problem but more legal services could be provided to educate people on their rights and to offer legal assistance. Currently there are guardianship tribunals which assist people with wills, enduring powers of attorney, guardianship and aged care legislation. But they are not necessarily education-orientated.
Legal centres could focus their attention on providing elder law information and training sessions for senior citizens groups, lawyers and health care professionals. Sue Fields says one area in which there is the potential for misuse is with enduring powers of attorney.
“There is no requirement to register an enduring power of attorney unless you are engaging in property transactions and this means there is no public record and so no checking mechanism. It’s illegal to abuse a power of attorney but by the time such abuse is discovered, the money is usually gone.”
Elder Law is a major legal area in the US and Sue hopes Australian educators and governments will follow.
