Complex issues can arise in blended families when a loved one passes away and those left behind have differing views as to who should receive the estate and what is considered a fair division of the assets among the surviving children. Attwood Marshall Lawyers Estate Litigation Senior Associate, Martin Mallon, discusses the ingredients of a family provision claim on Radio 4CRB’s “Law Talks”, and the sibling rivalry that can ensue when a parent of a blended family passes away, leaving their biological children and stepchildren to fight over their estate.

Law Talks - Martin Mallon - Step Child vs Biological Child

Attwood Marshall Lawyers Wills and Estates Partner and Accredited Aged Care Professional Debbie Sage recently joined Robyn Hyland for ‘Law Talks’ on 4CRB to discuss the concept of ‘supported decision-making’. In this episode, Debbie explains the pivotal changes to legislative frameworks to give people with disabilities, or decision-making disabilities, the autonomy to participate in decisions about their lives with proper support. This can affect people from all walks of life and at any age – it can also happen to healthy people in a heartbeat.

Law Talks - Debbie Sage - Supported Decision Making

In this episode of 4CRB's 'Law Talks', Attwood Marshall Lawyers Wills and Estates Senior Associate and Accredited Aged Care Professional Larisa Kapur sits down with Robyn Hyland to continue the discussion about the rights of elderly individuals to supported decision-making and the challenges faced when they lose the capacity to make their own decisions and someone else steps into their shoes to make those decisions on their behalf. 

One of the most vital tools that comes into play in these situations is an Enduring Power of Attorney. 

In this episode, Larisa and Robyn discuss the role of an attorney and offer guidance for those who feel their wishes aren’t being respected by their attorney or healthcare providers. 

An increasing number of elderly individuals report feeling sidelined when decisions are made about their living arrangements and care, such as being moved into residential aged care facilities against their wishes or without their input. 

With more options now available to support those who need extra care but wish to stay at home longer, such as home care packages, it’s essential to explore all available choices. This ensures individuals retain autonomy and a voice in how they want to live their lives.  

Seeking the right legal advice when drafting an Enduring Power of Attorney is crucial to ensure the document reflects the unique preferences and directions of the principal. Likewise, attorneys should seek legal advice when accepting the role of attorney to understand their responsibilities and interpret the document accurately, ensuring they uphold the principal’s wishes. 


Law Talks - Larisa Kapur - EPOAs and proper execution of the document

On this episode of 4CRB’s Law Talks, Attwood Marshall Lawyers Wills and Estates Senior Associate and Accredited Aged Care Professional Larisa Kapur sits down with Robyn Hyland to uncover the unexpected challenges many people face when leaving a retirement village. 

For residents, transitioning out of a retirement village is often driven by changing health care needs, such as the necessity to move into an aged care facility. However, what many people don’t anticipate are the exorbitant exit fees that can amount to tens of thousands of dollars. 

Alarmingly, some villages even impose these fees in cases where the village closes down, and residents are forced to leave. 

In this episode, Larisa and Robyn discuss:
-	The controversy surrounding exit fees in retirement villages,
-	Key considerations for residents thinking about leaving their village, and
-	How a lawyer can provide essential support during this process. 

Seeking legal advice from a lawyer experienced in retirement village and aged care matters is crucial when entering or exiting a village. By doing so, you can make informed decisions, protect your rights, understand your obligations, and avoid unwelcome surprises down the track.


Law Talks - Larisa Kapur - Exiting a Retirement Village

Acting as an attorney under an Enduring Power of Attorney comes with significant responsibility, often for individuals who are highly vulnerable and unable to make decisions independently, or who require support to ensure decisions are made in their best interests. 

While tasks like paying bills and managing utilities are part of the job, being an attorney involves far more than these day-to-day duties. 

In this episode of Law Talks, Bindy and Robyn explore:
-	The distinction between a Power of Attorney and an Enduring Power of Attorney,
-	The types of decisions attorneys make and what their day-to-day responsibilities entail, 
-	The importance of understanding the personal values and preferences of the person an attorney represents, and
-	Essential considerations for individuals appointing an attorney, including how to choose the right person for the role. 

Taking on the role of an attorney requires time, skills, and dedication to meet the unique needs of the individual relying on you. It’s not a responsibility to be taken lightly, as stepping away from the role isn’t straightforward if it becomes too much to handle. 

This episode underscores why careful thought is essential – both for those drafting an Enduring Power of Attorney, and for those considering accepting this role. 


Law Talks - Bindy Marshall - A day in the life of an attorney

In this episode of Law Talks, Attwood Marshall Lawyers Accredited Aged Care Professional and Paralegal Bindy Marshall sits down with Robyn Hyland to talk about how to support elderly relatives if a Christmas visit this holiday season reveals they are struggling to care for themselves at home or that they require additional health care and support. 

For many, Christmas is a time to reconnect with loved ones, and can mean visiting a relative after not seeing them for an extended period apart. However, these visits can sometimes uncover signs that an elderly relative may be having difficulty managing daily living or maintaining their health needs. 

From health declines to unsafe living conditions, these discoveries can be both unexpected and distressing for family members. 

This episode explores the sensitive topic of starting conversations about aged care, including the options available to help your loved ones live safely and comfortably at home for longer.

In this episode, Bindy and Robyn cover:
-	How to recognize the signs of a loved one’s declining health,
-	Exploring home care options, including private providers while awaiting an assessment from the  Aged Care Assessment Team (ACAT),
-	Understanding the purpose of an ACAT assessment and the eligibility criteria,
-	Preparing for this stage of life by ensuring key legal documents, like an Enduring Power of Attorney, are in place.

Whether you’re preparing for a holiday visit or navigating these concerns now, this episode offers practical advice to support your loved ones during this important time. 


Law Talks - Bindy Marshall - Preparing For A Christmas Visit With Elderly Parents

In this episode of 4CRB's Law Talks, Attwood Marshall Lawyers Legal Practice Director Jeff Garrett sits down with Robyn Hyland to discuss some of the most significant legislative changes of 2024 and their impact on the community. 

Key topics covered in this episode include:
-	Changes to employment laws, including employees right to disconnect and “same work same pay” laws,
-	The social media ban for individuals under 16 years of age, and the penalties for companies that fail to comply, 
-	An overhaul of the Privacy Act, aimed at strengthening protections for personal data, 
-	Upcoming changes to the Aged Care Act that promise to transform the aged care sector.

Looking ahead, Jeff concludes the episode by discussing critical areas for future reform, including domestic and family violence prevention strategies, improved approaches to youth crime, and the abolition of gag laws that prevent individuals under the control of Public Trustees from speaking out about their experiences.


Law Talks - Jeff Garrett - Top Legislative Changes in 2024

On 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Legal Practice Director Jeff Garrett sits down with Robyn Hyland to discuss one of the most personal decisions we can make in life: writing a Will. This process often raises moral and ethical questions about how to distribute what we’ve worked so hard to achieve. 

In this episode, Jeff and Robyn explore strategies that grandparents can use when they wish to bypass their children and leave an inheritance directly to their grandchildren. Once effective approach is establishing a testamentary trust Will. 

Families are often complex, and it’s not uncommon for individuals to choose to exclude adult children from their estate plans. Common reasons for this include: 

-	Being estranged from their children;
-	Concerns about their children’s ability to manage money or assets responsibly, fearing the inheritance may be squandered;
-	Recognising that their adult children are already financially secure and instead choosing to provide directly for the next generation. This, in turn, can benefit their children by easing financial burdens related to supporting their dependents. 


Law Talks - Jeff Garrett - Giving Your Grandchildren Inheritance

In this episode of 4CRB’s Law Talks, Attwood Marshall Lawyers Commercial Litigation Senior Associate Georgia Taylor joins Robyn Hyland to tackle a topic that’s all too familiar for Queenslanders: summer storms and the havoc they can wreak.

With the storm season upon us, now is the time to prepare and ensure that you’re not caught out when it comes to insurance claims. 

Reflecting on the extreme weather events that lashed Queensland and Northern New South Wales last year, causing widespread destruction, this episode delves into the struggles many people face when dealing with insurance claims – some still fighting to repair storm and flood damage more than a year later.

In this episode, Georgia and Robyn share practical tips and advice to help you navigate the tricky world of insurance claims, including:
-	Essential steps to take when making a claim for storm or flood damage;
-	The importance of understanding your insurance policy – and its fine print;
-	What to do if your insurer is not communicating with you about your claim;
-	How to challenge the insurer’s decision if your claim is declined or if they refuse to cover the full costs of repairs.

This episode is a must-listen for anyone wanting to protect themselves and their property this storm season. 

Law Talks - Georgia Taylor - Insurance Disputes

In this episode of Law Talks, Attwood Marshall Lawyers Commercial Litigation Senior Associate Georgia Taylor joins Robyn Hyland to unpack a common challenge faced by residents in community title schemes: disputes with the body corporate. 

With Queensland’s population steadily growing, more people are choosing the benefits of community living. 

Currently, there are over 51,000 community titles schemes in Queensland, encompassing more than 523,000 individual lots.

While these living arrangements offer great opportunities, they can also lead to disagreements with the body corporate, the entity responsible for managing the scheme. 

Common issues include disagreements over common property, approval for maintenance and repairs, concerns about adequate insurance coverage, and the management of the sinking fund. These disputes can disrupt daily life and affect the harmony of your living environment. 

In this episode, Georgia shares practical advice on what to do if you find yourself in a conflict with your body corporate and the best way to resolve it. 


Law Talks - Georgia Taylor - Body Corporate Disputes

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Law Talks - Martin Mallon - Step Child vs Biological Child

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