Elder Law

 

We help older Australians and families with Enduring Powers of Attorney, Enduring Guardianship, NCAT guardianship/financial management, and aged care & retirement village issues—with clear,
practical steps and timely action.

Elder Law — Protecting Rights, Dignity & Decision-Making

Act early. Make decisions easier.

We align documents and orders to protect autonomy and reduce conflict.

Need urgent help?

  • Emergency: call 000.
  • NSW Ageing & Disability Abuse Helpline: 1800 628 221 (9am–4pm) for information/support about abuse, neglect or exploitation.
  • Aged Care Quality & Safety Commission complaints (if provider can’t resolve): online or 1800 951 822.

Quick explainer — decision-making documents

Enduring Power of Attorney (EPOA)

  • Financial & legal decisions: banking, bills, investments, contracts, property.
  • Can start immediately or only if you lose capacity (your choice).
  • Land dealings: register the POA with NSW LRS before an attorney signs.
  • Witnessing: must be explained and certified by a prescribed witness.

Enduring Guardianship

  • Health, accommodation, services & lifestyle decisions (not finances).
  • Takes effect if you lose capacity; you may appoint one or more guardians.
  • Executed on the prescribed form and correctly witnessed.
  • Works alongside your EPOA and Advance Care/medical directives.

How We Help Our Clients

Enduring Power of Attorney

Financial/legal decisions; prescribed witness must explain effect and certify.

Enduring Guardianship

Health, accommodation and lifestyle decisions (not finances).

NCAT Guardianship & Financial Management

Applications, evidence and orders when informal arrangements aren’t enough.

My Aged Care & Service Issues

Access/assessments, rights and complaint pathways.

Retirement Village & Residency

Entry/exit, closures and resident rights in NSW.

Elder Abuse Support & Safety Planning

Confidential advice; we coordinate with helplines and authorities.

Our process

1

Triage & Plan

We confirm risks, supports and which documents or orders are needed first.

2

Draft & Witness

We prepare EPOA/Enduring Guardianship, explain the effect, and witness correctly.

3

Register/Apply

Register POA for land dealings; prepare NCAT guardianship/financial management if needed.

4

Support & Resolve

We liaise with providers, address complaints, and support safe outcomes.

Caring for a parent or partner?

We’ll put the right decision-makers in place and navigate services without delay.

Frequently Asked Questions

What is elder law, and why is it important?

Elder law focuses on legal issues affecting older adults, such as safeguarding against abuse, planning for future care, and managing financial arrangements. It’s important because it helps protect seniors’ rights and ensure their wishes are respected.

How can elder law help prevent elder abuse and exploitation?

Elder law provides legal tools like powers of attorney and guardianship to protect seniors from abuse and exploitation. These measures ensure that trusted individuals can make decisions in the elder’s best interest.

What should be included in an elder's estate plan?

An estate plan should include a will, powers of attorney for financial and health care decisions, and any trusts that may be necessary. These documents help manage an elder’s affairs according to their wishes.

How does a power of attorney work?

A power of attorney allows a designated person to make legal and financial decisions on behalf of an elder. This is crucial if the elder becomes unable to manage their affairs independently.

What is guardianship, and when is it necessary?

Guardianship is a legal relationship where a court appoints someone to make decisions for an elder who cannot do so themselves. It is necessary when the elder cannot manage their personal or financial matters due to incapacity.

Can elder law assist with planning for long-term care?

Yes, elder law can help plan for long-term care by exploring options like in-home care, assisted living, or nursing home arrangements. Legal guidance ensures that these plans align with the elder’s wishes and financial situation.

How can legal agreements help with family financial assistance or shared living arrangements?

Documenting financial help or living arrangements in legal agreements prevents misunderstandings and ensures that all parties understand their responsibilities and rights, protecting the elder’s interests.

Why choose MCB Lawyers for elder law services?

At MCB , we offer compassionate and expert guidance in elder law, helping seniors and their families navigate complex legal issues with respect and clarity. Our commitment is to safeguard your loved ones’ rights and empower them through informed decision-making.