Thursday, 15 August 2024
Specialist Elder Law Program to benefit older Australians
In an Australian first, the Law Society of NSW has launched a new program that will help older Australians, and those who care for them, to readily recognise whether a solicitor is an expert in the growing area of Elder Law.
President of the Law Society of NSW Brett McGrath said the introduction of the new area to the respected Specialist Accreditation scheme meets an expanding demand for expert legal advice in Elder Law as Australia’s population ages.
“When older people and those who manage their affairs face complex legal problems, they may need expert advice to navigate the issues. A program that recognises advanced expertise in Elder Law will help lead to more just outcomes in these complex matters,” Mr McGrath said.
“This is particularly important at a time when one in six older Australians report experiencing elder abuse in any given year. Reports of elder abuse to the NSW Ageing and Disability Commission rose 24 percent in the first quarter of this year, over the previous quarter.
“Additionally, some applications before the NSW Civil and Administrative Tribunal (NCAT) Guardianship Division have more than doubled in the five years to 2023, others have had significant double figure growth.”
“I am thrilled that our counterpart organisations in multiple jurisdictions have indicated that they will recommend their interested members participate in the Law Society’s program. This will eventually result in a national pool of Elder Law experts in jurisdictions that make up 85 percent of the Australian population,” Mr McGrath said.
In recent weeks, the Attorney General has announced the publication of the Evaluation of the National Plan to Respond to the Abuse of Older Australians and launched a national elder abuse awareness campaign.
The establishment of the Elder Law Program has also attracted support from the NSW Commission for Ageing and Disability, the NSW Trustee and Guardian and the Deputy President and Head of the Guardianship Division of NCAT as well as Legal Aid NSW and Justice Connect.
The Elder Law Program was launched today at the Specialist Accreditation Conference 2024 by the Chair of the Law Society’s Specialist Accreditation Board Jacqueline Dawson before several figures who play central roles in delivering justice for older people.
Ms Dawson noted that Elder Law is the first new area of law added to the Law Society’s Specialist Accreditation scheme since 2009 and comes as more NSW solicitors identify that they are practising in Elder Law, as distinct from Wills and Estates.
“While there are some similarities between Wills and Estates and Elder Law, the former deals with making arrangements for and administering a person’s affairs after their death. Elder Law deals with legal issues people confront as they grow older,” Ms Dawson said.
“Solicitors who gain Specialist Accreditation in Elder Law will have demonstrated mastery, to the standard of a ‘specially competent practitioner’, of issues around; accommodation, enduring appointments, applications to the NSW Civil and Administrative Tribunal (NCAT) and contested elder abuse matters in the Supreme Court.”
Applications to NCAT relating to substituted decision making also apply to people who may have limited or no capacity to make decisions in their own interests, such as those who live with intellectual disability.
Ms Dawson invited solicitors who already have significant experience in Elder Law matters to express an interest in joining a committee of experts to draft the peer-assessed Program which will be offered for the first time in 2026.
“The rigorous standard applied by assessors ensures that when a client sees a Specialist Accreditation logo, they can be assured they’re obtaining advice from a recognised expert in their field.”
Ms Dawson reassured older Australians that increased expertise in Elder Law does not necessarily mean greater legal costs.
“The legal assistance sector plays a crucial role in delivering free legal advice and representation for vulnerable older Australians. I encourage Elder Law practitioners who perform this valuable work to participate in the Specialist Accreditation Program, to help ensure that advanced legal expertise is available to those who need it most.”
Solicitor members of the Law Society are eligible to participate in the Specialist Accreditation Program if they have been in practice for at least five years and have dedicated at least 25 percent of their practice to their chosen area of law for the previous three years. Both periods include full-time equivalence.
Once accredited, specialist practitioners must demonstrate yearly that their chosen area of law continues to account for at least 25 percent of their work, and must complete an additional ten units of continuing professional development relevant to their area of specialty.
MEDIA CONTACT:
Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947 | E: Damien.Smith@lawsociety.com.au
EDITORS NOTE: Support for the Law Society of NSW's Elder Law Specialist Accreditation Program
Attorney-General Mark Dreyfus KC
The Australian Government is committed to ensuring that older Australians can enjoy longer, fulfilling lives, free from abuse.
Sadly, one in six older Australians have experienced some form of abuse, yet most of them don’t seek help or advice.
In addition to physical abuse, elder abuse can involve psychological or emotional abuse, financial abuse, sexual abuse or neglect.
As the population ages these challenges will only grow, and there will be an ever-increasing demand on the legal sector to provide the support, and the specialist assistance people need as they age.
I commend the Council of the Law Society of NSW for its leadership in approving Elder Law as a new area of Specialist Accreditation - the first addition to the Specialist Accreditation scheme since 2009.
By setting the standard of a ‘specially competent practitioner’ the Law Society is helping older Australians facing complex legal issues to get the support, and the help they deserve when they seek expert advice from an Accredited Specialist in Elder Law.
Anne Britton
NCAT Deputy President and Head of NCAT’s Guardianship Division
The Law Society is to be congratulated on establishing a specialist accreditation program in Elder Law.
This initiative recognises the increasingly complex nature of this expanding area of law, which is now governed by multiple state and commonwealth statutes.
The needs of older Australians are varied, and this program recognises the important distinction between specialisation in wills and estates and Elder Law.
The new area of specialisation will enable older clients to access high quality legal services on complex legal issues that arise as they age.
Kathryn McKenzie
Acting Commissioner, NSW Ageing and Disability Commission
As the prevalence of abuse of older people is increasing in our community, it is important that there is specialist legal support to ensure that relevant matters are handled with sensitivity and expertise.
In the reports received by the Ageing and Disability Commission, abuse, neglect and exploitation of older people often occurs in the context of complex family and personal situations, with the older person unsure of their legal rights.
The introduction of the Specialist Accreditation program of Elder Law appropriately recognises this growing issue and the challenging and critical legal issues older people experience. We welcome the accreditation as an important step to ensuring access to expert services that can help uphold the legal rights of older people.
Brian Woods
Acting CEO, NSW Trustee and Guardian
This is a timely announcement by the Law Society of NSW as the evaluation by the Australian Institute of Family Studies of the National Plan to Respond to the Abuse of Older Australians (Elder Abuse) 2019-2023 has been completed and published.
The evaluation highlights the value of governments, agencies and organisations working together for the common goal of responding to the needs of older Australians, especially in the area of preventing abuse of older people.
Marie Brownell
Director, Estate Planning and Administration, NSW Trustee and Guardian, and
Ruth Pollard
Director, Legal and Professional Services, NSW Trustee and Guardian
We acknowledge that older Australians are facing many challenges and experience difficulties in navigating what can be a complex social, financial, and legal framework.
There are many legal practitioners already helping older people navigate this framework, and this accredited specialisation will make it easier for members of the public to identify these practitioners and engage their services.
Mary Lovelock
Elder Abuse Service Senior Solicitor, Legal Aid
“The Law Society has taken an important step in establishing a Specialist Accreditation program in Elder Law.
“Most elder abuse is perpetrated by family and an older person may be reluctant to speak out about it. Having specialised lawyers trained to identify and appreciate the complexity of elder abuse can only be a benefit for older clients.”
Cameron Lavery
Head of Community Programs, Justice Connect:
The legal profession has a key role to play in addressing Australians’ rising legal need connected to elder abuse.
We look forward to seeing a community of Elder Law experts emerge from this innovative step by the Law Society of New South Wales.
At Justice Connect, we’re committed to providing specialised free legal services to the most at-risk older Australians, so that we can prevent elder abuse and support people to age safely.
