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Home » Contents » Health, wills and other legal issues affecting older people

Other legal issues affecting older people


Guardianship

See Guardianship and medical treatment.

Powers of attorney

See Understanding powers of attorney.

Wills and estates

See Wills and Estates.

Look up legal terms in our glossary | View Cases | View Laws
Last updated: 30 June 2019
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Understanding our laws and courts
Where our laws come from
Sources of Australian law
Charter of Human Rights and Responsibilities
The constitutions
Aboriginal and Torres Strait Islander law
Law reform
Finding the law
Further information
Contacts
An introduction to the courts
Introduction
Victorian state courts
Commonwealth courts
Tribunals
Making a complaint about a judge or magistrate
Juries
Legal documents
Contacts
Sentencing in the Magistrates' Court
Legislation and guidelines
Sentencing orders available to the court
Victim impact statements
Defendants with intellectual and other disabilities
Commonwealth offences
Contacts
The Children’s Court
Terms defined
What matters can the Children's Court hear?
Legal representation
Hearings at the Children's Court
Adjournment, sentence deferral and group conferencing
Diversion
Sentencing
Committal proceedings
Criminal appeals
Detention and parole
Child protection
Contacts
Getting help
Legal representation
Introduction
The Victorian Legal Services Board and Commissioner
Lawyers: qualifications
Solicitors and barristers: the differences
Hiring a lawyer
Legal costs
Making a complaint about your lawyer
Contacts
How legal aid can help
What is legal aid?
Victoria Legal Aid
Legal services for university students
Private lawyers
Community legal centres
Other sources of legal assistance
Interpreters
Representing yourself in court
Attending court: your options
Preparing to represent yourself
Representing yourself in a criminal case in the Magistrates' Court
Representing yourself in a civil case
Representing yourself in a family law case
Contacts
Legal services that can help
Community legal centres
Victoria Legal Aid
Private lawyers
Community information centres
Other advice services
Contacts and resources (all)
List of cases
List of legislation
Glossary
Fines, infringements and criminal law
Fines and infringements
The infringements system
Your options if you get an infringement notice
Are the fines still outstanding?
Going to court
Dealing with Magistrates’ Court fines
Calling-in fines
People who do not have Australian citizenship
Contacts
Drug offences
Introduction
Victorian law
Federal drug offences
Extra-territorial offences
More Information
Contacts
Sexual offences
What is sexual assault?
Consent
Sexual offences
Sexual offences against children
Sexual offences against people with a cognitive impairment or mental illness
Sexual harassment
Reporting a sexual offence
Going to court
Contacts
Sex work
Key legislation
What is sex work?
Is sex work legal?
Advertising sex work
Criminal offences
Banning notices
Safe sex
Safety
Contacts
Arrest, search, interrogation and your rights
Know your rights
Arrest
Interrogation
Evidence
Arrest and interrogation of children
Reclaiming the legal costs of defence
How bail works
What is bail?
Forms of bail
Bail: conditions of release
Who can grant bail?
Applying for bail
The bail hearing
Grounds for refusing bail
Bail and the Charter Act
Duty of person bailed
Sureties and deposits
Appeal and variation of bail orders
Which court for which crime?
Criminal Procedure Act
Classification of offences
Going to court
Contacts
Imprisonment, supervision and prisoner rights
Victoria’s prison system
Legislation and rules
Prisons in Victoria
Unsentenced and sentenced prisoners: the differences in prison
What happens when a prisoner arrives at prison?
Key administrative prison bodies
Transfer of prisoners
Sentences
Post Sentence Orders
Prisoners’ rights and remedies for breaches
Making requests or complaints
Communication, advice and support
Prisoner offences
Medical care
Prisoner employment and other issues
Release support
Contacts
Understanding criminal records
Introduction to criminal records
Understanding your criminal record
Working with children checks
What else can be affected by a criminal record?
Contacts
Relationships, families and young people
Marriage and divorce
Family Law Act
Family dispute resolution
Divorce
Injunctions
Intervening parties
Property
Appeals
Costs and fees
Contacts
Parental responsibilities and child support
Parental responsibility for children
Child and spousal maintenance
Child support
More information
Same-sex and de facto couples and families
Introduction to key legislation and recent reforms
Victorian legislation
Commonwealth legislation
Having the same name
Having children
Other financial matters for de facto and same-sex partners
Transgender and transsexual matters
Contacts
Family violence
What is family violence?
The law’s treatment of family violence-overview
Family violence intervention orders (state law)
Changes to state family violence laws
Family violence matters and the courts
Undertakings in family violence cases
Personal safety intervention orders for stalking
Injunctions under the Family Law Act (federal law)
Changes to the Family Law Act (federal law)
Binding over (state law)
Compensation for family violence survivors
Support for family violence survivors
General advice for family violence survivors
Contacts
Adoption and the law
Introduction
Legislation
Common adoption situations
Placing a child for adoption
Consent
Who can adopt?
Family Court orders
Adoption information services
Victorian approved adoption agencies
Contacts
Changing your name
Changing a name
Names and marriage
A child’s name
Changing registered parentage details
Passports and evidence of a name change
More information
Contacts
Young people’s rights and responsibilities
Young people’s rights: an overview
Rights and duties at school
Sexual relations and sexual abuse
Medical treatment
Young people’s legal liability
Young people giving evidence in court
Family law
UN Convention on the Rights of the Child
Contacts
Managing your money
Dealing with social security
Introduction and key legislation
Pensions
Allowances and payments
Bonuses
Compulsory income management
Concession cards
International agreements
Portability
Compensation and damages payments
Income tax and Centrelink payments
Overpayments
Social security appeals
More information
Contacts
Are you in debt?
Introduction
Credit reporting and privacy protection
Queries about your credit report
Contact from the creditor to try to make you pay
Statute-barred debts
Your rights and options
If you are sued
Defences if you are sued
Applying for a rehearing
Enforcement of court orders
Services that can help
Understanding bankruptcy
What is bankruptcy?
Who can be made bankrupt?
Who administers the bankruptcy law?
What happens to the bankrupt's property?
What happens to the bankrupt's income?
The effect of bankruptcy on debts
Leaving Australia
Offences
Process of going bankrupt
When does bankruptcy end?
Other procedures under the Act
Contacts
Financial counselling services
National financial counselling services
State-wide financial counselling services
Melbourne financial counselling services
Country financial counselling services
Financial counselling services for farming communities
Taxation
Introduction
How is your income tax liability determined?
Taxpayers' responsibilities and your tax file number
Tax returns
Assessment of your tax return
Queries: private rulings and oral rulings
Penalties, interest charges and offences relating to tax returns
Objections, reviews and appeals
Paying your tax
Fringe benefits tax
Goods and Services Tax
State duties and taxes
Contacts and resources
Superannuation
Superannuation schemes
Regulation of funds
Superannuation benefits
Superannuation benefit disputes
Reviewing a trustee's decision
Reviewing an insurer's decision
Contacts
Understanding credit and finance
Introduction and key legislation
National credit law reform
What is a credit contract?
Before you enter a credit contract
Disclosure before entering a contract
What information should be in a credit contract?
Contacts
Mortgages, credit cards and other finance products
Mortgages
Guarantees
Varying, re-opening and terminating credit contracts
Consumer leases
Payday loans
Credit-related insurance
Tied credit contracts
Vendor terms contracts
Pawnbrokers
Finance brokers
Contacts
Credit reporting
What is a credit report?
Credit report regulation
Who can add information to a credit report?
What information is on a credit report?
Misuse of information in credit reports
Correcting credit reports and complaints
Identity theft and credit reporting
Getting a copy of your credit report
Contacts
Unauthorised transactions and ePayments Code
Unauthorised transactions and credit disputes
Credit and finance industry codes of conduct
Solving disputes with creditors
Where to get help
Contacts
Houses, communities and the road
Tenancy
Legislation
Who is a residential tenant?
Who is a landlord?
The agent
Starting a tenancy
During the tenancy
Rent
Ending a tenancy overview
Ending a tenancy: tenant wants to leave
Ending a tenancy: landlord wants tenant to leave
Procedure for ending a tenancy
Recovering bond money
Abandoned goods
Compensation claims
Social housing
Hearings, appeals and offences under the Residential Tenancies Act
Tenancy and human rights
Contacts
Buying or selling a house
Introduction
Land titles
Conveyancing
Finding the money to purchase a house
Buying and selling
Auctions and private treaties
Common elements of a conveyancing transaction
Goods and Services Tax
Foreign ownership of property
Conveyancers’ duties
Complaints
Vendor and purchaser disputes
Contacts
Building or renovating a house
Introduction
Preliminary issues
Building contracts
Insurance
Completing works
Ending a contract
Disputes
Where to get help
Neighbour disputes
Resolving problems
Nuisance
Entry onto land
Injuries on your premises
Fences
Drainage of land
Animals
Noise
Contacts
Owners corporations
What is an owners corporation?
Key legislation
Entitlement and liability
Function and powers
Financial management
Repairs and maintenance
Insurance
Meetings and decisions
Managers of owners corporations
Duties and rights of lot owners and occupiers
Dispute resolution
Other owners corporation matters
Contacts
Community organisations
Introduction
Key terms
Types of community organisations
Other issues to consider
Incorporated associations
More information
Contacts
Buying a car
Legislation and key terms
The hidden costs of buying a car
Used cars: before you buy – who owns the car?
Obligations of the seller and purchaser
Is there a warranty?
How to get out of a car deal
Contacts
Sample letters
Driving offences
Introduction
Legislation
Types of licences
Procedures for driving offences
The right to appeal
Common driving offences
Seizure of motor vehicles
Diversion program
Traffic offences heard in the Magistrates’ Court
More information
Contacts
Road law for cyclists and skaters
Regulations
Bicycle-specific laws
Road law for skaters
General road laws
More information
Consumers, contracts, the internet and copyright
How contract law works
What is a contract?
Must contracts be in writing?
Elements of a contract
The terms of a contract
Breach of contract
Ending a contract
Contacts: How contract law works
Consumer protection laws
Australian Consumer Law
ACL consumer protection
Unsolicited sales practices
Pricing
Lay-by sales
Other provisions of the ACL
Contacts: Consumer protection laws
Consumer guarantees
Introduction
When do the consumer guarantees apply?
Consumer guarantees: goods
Consumer guarantees: services
Remedies
Finance agreements
Contacts
Taking action as a consumer
Introduction
Self-help
Court or tribunal help
Alternative dispute resolution schemes
Court remedies
Small claims: VCAT’s Civil Claims List
Consumer Affairs Victoria
Financial counselling
Licensing and registration
Contacts
The internet and the law
Introduction
Copyright issues
Defamation issues
Other protection issues
e-Commerce: online shopping
Managing access to internet content
Crowd funding
More information
Contacts
Copyright
What is copyright?
Ownership of copyright
Duration of copyright
Requirements for copyright to exist
Exclusive rights of copyright holders
Loss of copyright protection
Infringement of copyright
Moral rights and other copyright issues
Contacts
Trade marks
What is a trade mark?
Protecting trade marks
Applying to register a trade mark
Cancelling a trade mark’s registration
Avoiding infringement of a registered trade mark
Using trade marks overseas
More information
Contacts
Disability, mental illness and the law
Understanding disability and the law
What is “disability”?
Legislation and definitions
Types of disability
Government services
The rights of people who have a disability
Capacity and consent
Contacts
Disability: asserting your rights
Disability advocacy?
The Public Advocate
Where to get help
Contacts
Disability and criminal justice
Introduction
Police
At court
Fitness to stand trial and the defence of mental impairment
Custodial and other supervision orders
Sentencing
Infringements and special circumstances
More information
Contacts
Physical disability
Introduction
What constitutes physical disability?
National Disability Insurance Agency
Services
Independent access
Limitation periods
Contacts
Mental illness
Introduction
Mental Health Tribunal
Mental health treatment, capacity and consent
Compulsory mental health treatment and compulsory patients
Other rights in the Mental Health Act 2014
Powers of police and other authorised persons
The Chief Psychiatrist
Mental health service providers and designated mental health services
Victorian Mental Health Complaints Commissioner
Voluntary patients
Security patients
Forensic patients
Interstate application of mental health laws
Confidentiality and privacy
Mental health, the Charter Act and human rights
Where to get assistance
Contacts
Intellectual disability and the law
Caution: generalisations about intellectual disability and capacity
Definitions and criteria
Key legislation
Disability services and programs
Services and rights protections
Negligence and duty of care
Criminal justice system
Contacts
Guardianship and medical treatment
Introduction
Appointing a guardian or administrator
Guardians and administrators
Medical treatment
Disputes
Resources
Contacts
Understanding powers of attorney
Introduction
General (non-enduring) power of attorney
Enduring power of attorney (financial and personal matters)
Supportive attorneys
Enduring power of attorney (medical)
More information
Contacts
Health, wills and other legal issues affecting older people
Health and the law
Introduction
Information and consent
Access to medical records
Privacy and confidentiality
Blood transfusions and organ transplants
Post-mortem examinations
Making a complaint
Contacts
Legal issues affecting older people
Introduction
Elder abuse
Transferring property or assets in exchange for care
Age discrimination
Grandparenting
Other legal issues affecting older people
Contacts
Wills
Introduction
The law of wills
Formalities of a will
Storage of a will
The parties involved
Changing a will
An example of a will
Having a will drawn-up
Contacts
Model will
Estates
Introduction
Probate
Letters of administration
Executors, administrators and trustees
Settled estate
Applying for a grant of probate
Legal actions after death and insolvent estates
Contesting a will
Intestacy
Small estates
Duties and costs
Contacts
Funerals
Arrangement of a funeral
Burial, cremation and donation of remains
After burial or cremation
Meeting the costs of a funeral
Complaints about funeral services
Contacts
Accidents, insurance and compensation
Negligence and injury
Negligence, liability and damages
Key legislation: Wrongs Act
Limitation of Actions Act
Other matters
Transport accident injuries
Transport Accident Commission
Common law claims
Contacts
Work injuries
Introduction and key legislation
Workers compensation
Other matters
Common law claims
Seek legal advice
Contacts
Insurance
Introduction
Code of Practice
Legislation
Insurance contracts
Agents and brokers
Duty of disclosure
Making a claim
Common claims problems
Ending an insurance contract
Financial hardship
Resolution of insurance disputes
Privacy Act
More information
Contacts
Motor vehicle accidents and insurance
Insurance
What to do about damages
Damages, claims and court
Liability and damages
What to do after an accident
Contacts
Assistance for victims of crime
Summary of legal options
Legislation overview
Assistance for victims of crime
Victims of Crime Assistance Tribunal
Recovering compensation from the offender
Contacts
Compensation for some legal costs
Appeal Costs Board: introduction
Eligibility for reimbursement of legal costs
Making a claim
More about legal costs
What to do if your application is rejected
Contact
Rights, activism and fair treatment at work
Discrimination and human rights
Key legislation
Making a complaint
Victorian anti-discrimination law
Exceptions to the prohibition of discrimination
Racial and religious vilification under the RRTA
Disputes about discrimination in Victoria
The Charter of Human Rights and Responsibilities
Commonwealth anti-discrimination law
Other human rights protection
Contacts
Defamation and your rights
What is defamation?
Who can sue for defamation?
Who is liable for a defamatory publication?
Defences to defamation
Remedies for defamation
If you are threatened with legal action
More information
Contacts
Environmental law
Introduction
Land use planning
Planning schemes
Planning permits
Aboriginal heritage protection
Victorian Civil and Administrative Tribunal
Environmental impact assessment
Protecting the environment and human health from pollution
Nature protection laws
Contacts
Community activism
Introduction
Structure, finances and insurance
Protesting: your rights and the police
Common charges associated with protests
Protests and non-police officials
More information
Contacts
Employment contracts, awards and agreements
Introduction
Employment contracts
National Employment Standards
Awards
Enterprise agreements
Contacts
Protection for your rights at work
Enforcing your entitlements
Termination of employment
General protections
Bullying at work
Unemployment schemes
Contacts
Occupational health and safety
Relevant legislation
Obligations under the Occupational Health and Safety Act
Implementation procedures
Enforcement
Other workplace issues
Contacts
Government and the individual
Immigration and refugees
The sources of migration law
Entry to Australia: visas
Funds
Changing status
Entry by migrants
Permanent entry visa: family migration
Skilled migrants
Skilled migrants: the points test and other issues
Permanent entry visa: economic migration
Permanent entry visa: humanitarian entry
Citizenship
Removal and deportation
Review rights
Other merits review bodies
Freedom of information
Migration agents’ registration scheme
Dealing with the DIBP
Contacts
Appealing government and administrative decisions
Challenging administrative decisions
Judicial review
Administrative appeals tribunals
More information
Contacts
Taking a problem to an ombudsman
Commonwealth Ombudsman
Victorian Ombudsman
Privacy and your rights
The right to privacy
Privacy protection in Australia: the UNICCPR and common law
Commonwealth privacy legislation: Privacy Act 1988
Summary of the Australian Privacy Principles
Privacy and credit reporting
Privacy protection in Australia: other Commonwealth legislation and guidelines
Complaints to the Information Commissioner
Victorian privacy legislation: Privacy and Data Protection Act 2014
Victorian Information Commissioner and PDP Deputy Commissioner
Victorian Information Privacy Principles
Complaints to the Victorian Information Commissioner
Other Victorian privacy laws
Other Victorian legislation related to privacy
Privacy legislation in other jurisdictions
Contacts
Freedom of information law
Commonwealth freedom of information legislation
Commonwealth freedom of information: accessing documents
Commonwealth freedom of information: outcomes of requests and costs
Commonwealth freedom of information: access by others and complaints
Victorian freedom of information legislation
More information
Contacts
Complaints against Victoria Police
Introduction
Police misconduct
Professional Standards Command
Independent Broad-based Anti-corruption Commission
Collecting evidence
Deciding whether or not to lodge a complaint
Timing your complaint
Where can complaints be lodged?
How to make a complaint
Investigation of complaints
Outcome of the complaint
Civil proceedings and claims for compensation
Criminal charges against the police
Contacts
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