Exactly how you are going to take care of yourself when your faculties start to deteriorate is not everyday dinner table discussion, yet it is a question more people will soon be asking.

The Australian Bureau of Statistics predicts that by 2051, some 26 per cent – or nearly eight million Australians – will be aged over 65, twice as many as in 1999. They will also live for longer and will demand specialist legal advice in a range of areas.

The figures help explain why elder law – with its focus on the rights and freedoms of older adults – is emerging as an increasingly important practice area for lawyers.

Elder abuse is, unfortunately, another reason.

Abuse, which can include physical, psychological, financial, sexual and social abuse as well as neglect, has often been hidden

due to the social isolation, exclusion and discrimination experienced by older people.

Policy makers and lawyers have begun addressing ways to protect the aged, many of whom may be asset rich but remain vulnerable and dependent on others.

The LIV recently established a dedicated Elder Law Section in recognition of the growing need for expertise in aged care legal advice. [See, www.liv.asn.au/members/sections/elder for more information on the Section.]

The new Section, which will continue the work done by the LIV’s Elder Law Committee, will focus on educating the public about the legal rights and responsibilities of older people and the various legal issues that they face.

Many law firms have already set up elder law profiles to cater to demand from clients.

LIV CEO Mike Brett Young says the Section will allow the LIV to provide better information to solicitors and members of the public about legal issues relating to the elderly.

This year, Victoria ’s Public Interest Law Clearing House (PILCH), as part of a joint venture, will set up the state’s first specialist Seniors Information, Advocacy and Legal Service (Vic SAILS) aimed at eradicating abuse of older people, promoting their rights and maintaining their independence. The initiative will see a number of pro bono legal clinics set up at locations that can be easily accessed by elderly people.

PILCH executive director Kristen Hilton says there are a number of common barriers to older people exercising their legal rights, such as fear of complaining and fear of disrupting family relations, compounded by a feeling of isolation and loneliness. She says the service will significantly contribute to the better protection and promotion of the human rights and dignity of elderly Victorians.

If it is true that a society is judged on how it treats its elderly, let’s hope that Victorians will fare better with these new initiatives. n

More information

From the LIV Bookshop

Elder Law in Australia by R Lewis, $140
Longevity & Social Change in Australia by Borowski, Encel & Ozanne, $60
Death and Taxes: Tax-Effective Estate Planning by Flynn & Stewart, $186

Useful websites

Visit the LIV Elder Law Section at www.liv.asn.au/members/sections/elder