Credit Points 10

Legacy Code 200632

Coordinator Richard Mccullagh Opens in new window

Description This subject examines law relevant to an aging community. The legal issues are examined in a broad social, cultural and ethical context. Issues of legal capacity relevant not only to the law of contracts but also to delegated decision making, medical treatment and end of life decisions are considered. Similarly the law relating to areas of special importance to the elder community such as, pensions, retirement villages, wills and estate planning and equitable remedies for financial elder abuse are also discussed.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your fees via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 2013 AND
LAWS 2003

Learning Outcomes

On successful completion of this subject, students should be able to:

1. Critically evaluate the legal, policy, moral and practical issues concerning Substitute Decision Making for older persons.
2. Analyse the legal, policy, moral and practical issues related to accommodation, retirement finances, and estate planning for older persons, considering equitable remedies for financial elder abuse.
3. Communicate clearly, accurately, logically and persuasively in relation to matters concerning elder law.
   

Subject Content

1. Introduction to Elder Law
2. Financial decision-making agents
3. Health decision-making agents
4. Fiduciary duties
5. Unconscionable conduct, undue influence and proprietary estoppel
6. Equitable remedies for financial elder abuse, including elder abuse of Indigenous people
7. Resulting trusts and constructive trusts
8. Inter vivos statutory property adjustment orders
9. Deceased estate statutory property adjustment orders
10. Staying home: Income support payments and subsidised care costs 
11. Retirement villages and manufactured home parks
12. Granny flat arrangements
13. Residential aged care facilities