Elder Law Trends Emerging in Practice

As Queensland’s population ages, the legal issues facing older Australians and their families are changing. At Vicca Law, we work closely with clients navigating everything from capacity concerns and family disputes to enduring power of attorney complications. In practice, we’ve noticed recurring patterns in the types of elder law matters clients bring to us. These trends are often preventable with the right planning in place. 

In this article, we explore five key elder law trends we regularly see in practice and how you can safeguard your family from unnecessary stress, conflict, and legal delays. 

1. No Enduring Power of Attorney in Place 

The most common and concerning issue is the absence of an Enduring Power of Attorney (EPOA). Too often, we see situations where a parent or elder family member has lost capacity, sometimes suddenly and no one is legally authorised to step in. 

Without an EPOA, loved ones are left scrambling. In many cases, this leads to a time-consuming and costly application to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of a guardian or administrator. It's a stressful process at the worst possible time. 

Even when an EPOA exists, outdated documents or poor drafting can cause problems. Relationships change, and it's vital that your documents reflect your current family dynamic and trusted decision-makers. 

To protect your interests and reduce the burden on your family, ensure your EPOA is properly prepared, updated, and valid. An EPOA prepared by a solicitor offers additional clarity and protection especially in complex family situations. 

2. Uncertainty About Capacity and Next Steps 

Another common scenario we see is uncertainty about whether an elder person has lost capacity. Adult children may notice behavioural changes or risky decisions but don’t know how to intervene. 

Whether an attorney can act depends on how the EPOA is drafted, some appointments commence immediately, while others only activate upon loss of capacity as confirmed by a medical practitioner. This distinction is critical. 

In these situations, we recommend starting with a respectful conversation with the elder person and seeking a medical opinion, ideally framed around general health rather than suspicion. A capacity assessment is a vital step in understanding rights, responsibilities, and legal options. 

3. Sibling Conflict and Disputes over Authority 

Disputes between siblings are unfortunately on the rise. The most common conflict arises when one child is acting as attorney and others feel left out of the loop or are estranged and suspect something is wrong. 

These family breakdowns can be emotionally exhausting and legally complicated. A lack of communication and transparency often fuels suspicion. 

One practical strategy is to include specific instructions or preferences in your EPOA. For example, parents can request that attorneys keep all siblings informed or consult them on certain matters. Thoughtful planning while you have capacity can go a long way in preventing disputes later. 

In more serious cases, where family members suspect abuse or neglect but don’t want to pursue legal action, the Office of the Public Guardian is an excellent resource. If there’s clear evidence of financial misconduct or abuse when an attorney is involved, it may be necessary to involve the police or seek legal advice immediately. 

4. Entitlement Mentality and Inheritance Tension 

A troubling trend we're seeing more frequently is a sense of entitlement among adult children regarding their future inheritance. Some individuals contact our office focused more on “what they’re owed” than on the wellbeing of their ageing parent. 

This perspective not only creates emotional strain within families but can also lead to financial elder abuse, such as pressure to gift assets, change Wills, or relinquish control over bank accounts. 

At Vicca Law, our priority is the person making the Will or EPOA. We encourage clients to focus on their own needs first to ensure they have adequate funds for care, accommodation, and medical expenses. Your estate is yours. It’s not your children’s until you’ve passed away, and even then, it should reflect your informed intentions, not their expectations. 

5. Lack of Family Communication and Collaborative Planning 

Finally, many of these trends stem from a lack of open communication. Families avoid difficult conversations about ageing, capacity, care needs, or finances until it’s too late. This leads to misaligned expectations, broken trust, and unnecessary legal intervention. 

We’re seeing a growing need for collaborative estate and elder law planning. When everyone is on the same page early (before capacity declines or disputes arise) it becomes easier to protect the elder’s wishes and reduce conflict.  

Plan Ahead for Peace of Mind 

Elder law issues don’t just affect the elderly. They impact entire families. The sooner you act to safeguard your interests and document your wishes, the better protected you and your legacy will be. 

If you’re concerned about a loved one’s capacity, have questions about an existing Enduring Power of Attorney, or want to create a tailored estate plan, Vicca Law is here to help.