Free Legal Health Check

As we age we need to consider the fact that none of us are immortal. It is important to make a will and address how we would like our estate administered.

We also may face the prospect of diminishing mental capacity and the need to nominate trusted decision makers to handle your financial and personal/lifestyle matters.

There are other issues particularly relevant to you as you age. This Free Legal Health Check addresses all of these issues and is endorsed by Dennis Road Medical.

There are 32 questions in this quiz. It should take you approximately 30 minutes to complete. No questions are compulsory. If something does not apply to you, feel free to skip the question and move on.

Start Your Free Legal Health Check

Name Email Phone Number

1. Your Legacy

Your will

Your will is an official legal document which determines how your estate is distributed when you die.

Do you have a valid will?

Yes - and I know where it is located

Yes - but I do not know where it is located

Unsure

Do you know what happens to your estate if you do not have a will?

YesNoUnsure

Do you know what a Bloodline Trust is and the benefits it can have for your next of kin by protecting your assets for your own children in the event they divorce?

YesNoUnsure

Do you want to know more about how your representatives apply for a grant of probate in the event of your death?

YesNo

Advance health care directives

Advance health care directives are written statements regarding a person's instructions as to the type and extent of health care that they wish to receive in the event of losing the capacity to make decisions.

Do you have an Advanced Health Care Directive?

YesNo

Enduring Power of Attorney

An Enduring Power of Attorney (EPOA) allows you to authorise another person to make decisions on your behalf in the event that you lose the capacity to do so.

Do you have an Enduring Power of Attorney?

YesNo

Guardianship and Management of your Financial Affairs

Where an older person has failed to prearrange substitute decision-making, in Queensland, QCAT has the power to appoint a guardian to make decisions for that person. They also have the power to appoint an administrator who can make financial decisions on the person’s behalf.

Do you have any concerns about any guardianship or administrator arrangements?

YesNo

Nominee arrangements

Did you know that if you want someone else to handle your Centrelink, Child Support or Medicare dealings that you can provide a limited authority for them to deal with those bodies on your behalf? Social Security is a function of the Commonwealth and as such Centrelink does not automatically recognise powers of attorney that are prepared pursuant to State legislation.

Do you have any concerns about or an interest in a nominee handling your Centrelink, Child support or Medicare dealings?

YesNoUnsure

2. Grandparenting

Being denied access to or contact with your grandchildren

Sometimes when adult children separate or divorce this can result in grandparents not being granted any or reduced access to or contact with their children. This is often the case with the parents of the person who is no longer living with the children following the separation or divorce. It can also occur when the relationship between the grandparents and their own child deteriorates for whatever reason.

Would you like to talk confidentially about what your options are?

YesNoUnsure

Do you have any concerns about being denied access to your grand-children?

YesNoUnsure

Grandparents that have or want the care of their grandchildren

Grandparents may be able to get full-time care of their grandchildren, through a residence order from the Family Court or a care and protection order from the Children's Court. This can be a very complex area of the law.

Are you worried about the welfare of any of your grandchildren?

YesNoUnsure

Do you need any help in obtaining a residence or protection order for your grandchildren or in seeking an order from the Children’s court or assistance from the State?

YesNoUnsure

3. Legal issues related to Accommodation

Are you in the following accommodation or contemplating the following accommodation?

Nursing home/Residential Aged Care

Retirement Village

Home Unit

Dwelling House (Owner)

Public Housing Tenancy

Private Housing Tenancy

Boarding House/Hostel

Do you have any concerns regarding your accommodation needs?

YesNoUnsure

Nursing homes/residential Aged Care

Are you concerned about:

how long you will be able to stay there?

complex and confusing contractual and financial arrangements, particularly concerning the transfer of your property to the nursing home/facility, the return of bond money, and complex fee structures?

abuse and neglect within the nursing home/residential aged care facility?

inadequate access to medical and care records?

retribution if you make a complaint or feel it is being ungrateful to complain?

none of the above

Retirement villages

Are you concerned about:

how long you will be able to stay there?

recurrent charges for residents, departure fees, refund of entry fees on departure, contract provisions, responsibility for damage to premises, and village rules?

village mismanagement, investment risk and financial viability of operators?

disputes over variation or reduction in village services?

none of the above

Home units under strata title

Are you concerned about:

unscrupulous or ineffective body corporate managing agents?

increases in charges controlled by investor owners?

lack of information/advice services regarding body corporate issues?

none of the above

Public housing tenancy

Are you concerned about:

long waiting lists for public housing and rigid eligibility criteria?

delays in carrying out repairs?

problems with neighbours?

unfair lease terminations and increased vulnerability to lease terminations?

none of the above

Private tenancy

Are you concerned about:

discrimination by real estate agents?

lack of security of tenure in short term leases and lease terminations?

unreasonable rent increases?

landlords/agents excessively seeking access to premises?

difficulties in getting repairs to premises?

none of the above

Home ownership

Are you concerned about:

neighbour problems

being a guarantor for your adult children

real estate agent scams

abuse of a power of attorney you may have granted someone that has resulted or may result in the sale of your home

informal family accommodation agreements (e.g. where the older person has transferred the title of their home to a relative in consideration for a promise to provide accommodation and/or care assistance)

none of the above

Boarders and lodgers

Are you concerned about:

lack of legislative protection for occupancy rights resulting in terminations?

prohibitive tariff increases, and inadequate notice for tariff increases?

difficulties in recovering security deposits?

failure by operators to undertake necessary repairs and maintenance?

disputes about boarding house rules?

excessive and intrusive access to residents' rooms by managers?

disputes with other occupants?

disputes over uncollected personal goods following termination of occupancy?

disputes with owners/managers over rent payments?

none of the above

4. Health related legal issues

Do you have any concerns about:

access to health services?

the quality of health care you may currently be receiving?

your basic patient rights

the cost of health services, due to the shift away from bulk billing and the high cost of private health insurance?

none of the above

Medication misuse

Do you have any concerns about medication misuse:

lack of knowledge and education regarding the use of medication for older people

lack of knowledge/education and communication with health care providers

difficulties in obtaining access to medical records

Disability

If you are suffering from a disability do you have any concerns about:

physical access to facilities?

access to information for people with visual or cognitive impairments?

attitudinal problems amongst service providers, resulting in neither aged services or disability services providing the necessary services?

cost related issues, due to the likelihood that older people who have suffered an earlier onset of disabilities have lower savings?

5. Financial and consumer related legal issues

Social Security and Veterans' Pensions

Do you have any of the following financial and consumer issues?

confusion regarding eligibility for the Aged Pension and Veterans' Affairs pensions

difficulties with the application of income and assets tests

overpayments and errors in assessment of correct rates for pensions

Banking, credit and debt

Have you experienced any issues concerning:

difficulties faced by older people in using the new technologies?

credit and debt issues arising from personal loans and credit card purchases?

Investment advice and financial planning

Have you any of the following concerns:

poor access to necessary information to make investment decisions?

lack of experience in handling financial affairs?

problems arising from acting as guarantor for someone else's loans?

Consumer issues

Have you any concerns or complaints about:

goods and services, including public transport services, health insurance, gas/water/electricity and professional services

vulnerability of older people to consumer fraud and pushy door-to-door sales people

concerns regarding the prudential standards of pre-paid funeral schemes

6. Age Based Discrimination

Discrimination in employment

Age discrimination in employment arises in the areas of recruitment, terms and conditions of employment, opportunities for advancement, and dismissal/redundancy. The Anti-Discrimination Board (ADB) reports that many complaints arise from interactions with employment agencies, including:

employment agencies requiring people to divulge their age

being told by employment agencies that they were too qualified

being told that the job would suit a younger person.

Have you experienced any discrimination in employment?

YesNoUnsure

Discrimination in the provision of goods and services

Issues of concern may include:

denial of contracts or loans because of income level or the limited time older people have for repayment

denial of travel insurance.

Have you experienced any discrimination in the provision of goods and services?

YesNoUnsure

7. Elder abuse

Abuse of older people may include abuse by adult children, spouses, other family members, friends, carers or institutions.

Do you have concerns about the following types of abuse:

financial abuse (e.g. abuse of power of attorney, theft, pressure to change your will or to become guarantors)

psychological abuse (e.g. social isolation, verbal abuse, being treated like children)

physical abuse, including violence, physical restraint and neglect

sexual abuse

neglect (e.g. inadequate food, shelter, clothing, medical care/assistance, hygiene, medication)

multiple abuses — different kinds of abuse occurring at the same time or on a continuum within a single relationship of trust

Do you have any other concerns you would like to discuss in a free consultation?

Conclusion

Thank you for completing your Free Legal Health Check. A summary page of your results and our recommendations will appear when you hit the 'Submit' button below.

A copy of your results will also be emailed to you.

If your answers highlight some serious or important issues, a ROCHE Legal representative will contact you for a free no-obligation chat to discuss potential solutions.

Time is Up!