Getting older — or watching a parent get older — brings a particular set of legal questions: about capacity, about who decides, about protecting savings and dignity. Elder law pulls these threads together into one practice. Whether you are planning ahead for yourself or stepping in to protect a parent, I aim to handle it with patience and respect, and never to rush a conversation that deserves time.
What elder law covers
Elder law is less a single area than a cluster of connected ones, viewed through the lens of later life. It covers enduring powers of attorney and medical decision makers under the Powers of Attorney Act 2014 (Vic) and the Medical Treatment Planning and Decisions Act 2016 (Vic); VCAT guardianship and administration under the Guardianship and Administration Act 2019 (Vic) where capacity is already lost; wills and estate planning; elder financial abuse; and family arrangements such as granny-flat and care agreements.
Bringing these together matters, because they interact. A granny-flat arrangement, for instance, touches on the family home, a will, a power of attorney and the pension all at once — and advice that looks at only one of them can cause problems in the others.
Protecting against elder financial abuse
Elder financial abuse — often by someone close, sometimes through the misuse of a power of attorney or pressure over a will or the family home — is more common than people like to think. An attorney who uses their position for their own benefit is acting unlawfully, and there are remedies: revoking the appointment, applying to VCAT, and pursuing recovery of misused funds.
Just as often the work is preventative: structuring a power of attorney with safeguards, or documenting a family loan or care arrangement clearly, so that good intentions today do not become a bitter dispute later.
Planning ahead vs stepping in
There are two moments people come to me. The first is planning ahead — putting an enduring power of attorney, medical decision maker and an up-to-date will in place while capacity is intact. This is by far the kinder and cheaper path, and it is the heart of the firm's powers of attorney and guardianship work.
The second is stepping in — when a parent has already lost capacity and the family needs to act. That usually means a VCAT application for guardianship and administration, which I can prepare and run. Either way, the aim is the same: that the older person's wishes and wellbeing stay at the centre of every decision.
How I handle a elder law matter
- 1An unhurried, respectful initial conversation
- 2A joined-up look at powers of attorney, wills and any capacity issue together
- 3Drafting of the documents needed to plan ahead
- 4Where capacity is lost, preparation and conduct of a VCAT application
- 5Where there is financial abuse, advice on revocation, VCAT and recovery
Frequently asked questions
What is elder law?
Elder law is the area of legal practice dealing with the issues that affect older people and their families — powers of attorney, capacity and VCAT guardianship, wills and estate planning, elder financial abuse, and family care arrangements. In Victoria it draws on several Acts at once, which is why a joined-up approach matters.
What can I do if a parent is being financially abused?
If an older person in Victoria is being financially abused — for example through misuse of an enduring power of attorney — there are remedies, including revoking the attorney's appointment, applying to VCAT under the Guardianship and Administration Act 2019 (Vic), and pursuing recovery of misused funds. Acting early, with legal advice, gives the best chance of protecting their assets.
Can I make decisions for my parent if they have lost capacity?
Not automatically. If your parent has lost capacity without a valid enduring power of attorney in place, you must apply to VCAT to be appointed as their guardian and administrator under the Guardianship and Administration Act 2019 (Vic). Putting an enduring power of attorney in place while they still have capacity avoids this.
What is a granny-flat arrangement?
A granny-flat arrangement is where an older person transfers assets or money to family in exchange for accommodation and care, often in or near the family home. Because it touches the family home, a will, a power of attorney and Centrelink rules at once, it should be properly documented — informal arrangements are a common source of later disputes.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about elder law in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.