Retirement Villages

If you are thinking of retiring or have retired and are going over your options for the next stage in your life, you may have considered taking up residence in one of the Central Coast's many retirement villages. This is can be for many reasons, such as:

• You could use some assisted care
• You simply want to downsize
• You would like to socialize with more people at a similar stage of life.

There are many retirement villages with various levels of services and care available.

However, it is a huge decision to leave the security of your home and take up residence in an unfamiliar environment. You cannot afford to make a mistake, so it is crucial to have clear legal advice about the ramifications of any residential contract you sign along with any other agreements. Even though the Retirement Villages Act provides you with a lot of protection, there are still some traps for the unprepared or unwary.

Local knowledge is a key issue in this regard, and at David Zammit & Associates we have been practicing in this area of the law for over twenty years. David acts for a local retirement village and has extensive knowledge of the Retirement Villages Act and knows what you need to look out for.

When you are ready to talk, feel free to give us a call to discuss your options.

Here are some other sources of information about retirement village living:

• The Seniors Information Service (SIS) provides information to seniors and others on a variety of issues.
  Tel:13 12 44
• The Council on the Ageing (COTA) produces directories of retirement villages in both the metropolitan and country areas. These include details about the contracts, services and costs of each village.
  Tel: 9286 3860 or 1800 449 102 (for regional callers only)
• The Retirement Villages Residents' Association is a non-profit organization which represents the interests of residents.
  Tel: 9773 0462 or 1300 787 213 (outside Sydney)
• The Aged-Care Rights Service (TARS) is a free advocacy service for residents of retirement villages, nursing homes and boarding houses. TARS provide publications, advice and referral for people seeking information. One of its publications Before You Move, provides a useful guide on things to watch out for if you are thinking of moving into a retirement village.
  Tel: 9281 3600 or 1800 424 079 (country callers)
• Community Referral Service Law Society of NSW.
  Tel:9926 0300
• Law Access Service.
  Tel: 1300 888 529
• The Retirement Village Association represents retirement village owners and managers within the private sector. It provides accreditation to villages which meet the building and service standards set by the Association.
  Tel: 9747 4732 or 1800 240 080
• Aged & Community Services Association of NSW & ACT represents retirement village owners and managers within the non-profit sector.
  Tel: 9743 4066 or 1800 424 770
  www.agedservices.asn.au

Remember, if you find it hard to get about nowadays, David can come and visit you at home to discuss whatever you need to talk about.

Conveyancing Real Estate / Business

The legal work for buying or selling Real Estate or a Business is called "conveyancing". Real Estate cannot be put on the market until a sale contract has been drawn.

Buying or selling a house or business is one of the most important financial decisions you will make in your life, and unfortunately there are many traps for the unwary and uninformed. Conveyancing is a complicated process that requires an expert mind to make sure the process is carried out correctly. We strive to ensure that the entire transaction runs smoothly, at a reasonable price, and with a minimum of fuss.

We can help you by:

• Preparing a valid enforceable contract
• Reviewing a contract before you buy the property
• Advising on mortgages or other documents that relate to the contract
• Advising on subdivision and related matters
• Protecting your rights when you buy a property or business

We can assist in basic residential matters, and more complicated commercial contracts which may include leases, or related business matters. A sale or purchase of business involves many additional aspects to a standard residential matter, such as advice of franchise agreements or retail leases, or employee entitlements, partnership, or shareholder agreements ( if a company is involved) and the like.

You can call us to discuss your particular situation, and we can provide you with clear advice.

Franchise

One way of owning a business is to purchase a Franchise from one of the many available nowadays.

A Franchise is a group of businesses who share advertising, supply agreements, expertise, and some expenses within the group. The Franchisor provides assistance, support, and training, or uses the Franchise group’s buying power to obtain better prices from suppliers. However, the benefits all depend on the structure, and they can differ enormously between industries and businesses. For instance, a food franchise will operate differently to a service franchise even though they do have similar attributes.

The Franchising Code of Conduct requires the Franchisor to provide a complex disclosure statement providing much information. However, having information is one thing, interpreting it is another.

The average franchise agreement is a long and complicated document, so it needs an expert legal mind to help you understand, interpret, and apply the conditions it lays out. Other documents such as leases and supply agreements can make a franchise agreement intimidating to navigate without the first-rate legal advice we provide.

You need help to wade through this complex area of the law, and we can assist you with this.

Commercial / Retail Leases

A commercial lease is a contract to allow you to use a shop, factory, or other commercial premises for the conduct of your business. If you are leasing premises for a shop, it is likely that you are covered by the Retail Leases Act 1994.

Wills, Power of Attorney, Guardianship

If you die without a Will, no-one knows who you wanted to give your estate to. Your assets will then be distributed according to a pre-determined formula with certain family members receiving a defined percentage of your assets despite what you may have wished. Dying intestate can result in your surviving spouse, family and friends suffering unnecessary financial hardship and emotional stress...

Even though there are a lot of "do-it-yourself" kits around, please BE VERY CAREFUL when you use one. Whilst you may think that you've set out exactly what you want to happen after you're gone, its not always that simple. This is where the problems arise. You may state something in your will that seems clear to you, but its interpretation by the Law may be totally different. Also, you may have inadvertently left someone out of your will. Remember, you won't be around to ask what you really meant!

We can give you considered advice about your situation, and guidance as to how to communicate your wishes in the will. We can also advise about the legal ramifications of what you intend to do, and suggest ways around some of the more common problems.

We also ascribe to the "K.I.S" (Keep It Simple) proposition, and avoid any unnecessary complicated legal wording where plain English will be suitable.

It is advisable to regularly review your Will as your circumstances change, examples of changes are, Marriage, Separation or divorce ,the executor is unable to handle the responsibility or has died, a beneficiary having died the value of legacies changing over time, or retirement.

Living Will or Advance Directive

You may have signed a document called an "Advance Directive" (also called a "Living Will").

An enduring guardianship or power of attorney is not the same as an advance directive.

An advance directive simply sets out your wishes about future medical treatment and the like if you lose the capacity to make these decisions for yourself. They need to be regularly updated.

Even if you have filled out an advance directive, you still need to appoint an enduring guardian and an enduring power of attorney.

Court Cases & Personal Injury

Sometimes you find yourself in a situation where you may have to go to court.

It may be you have been charged with a criminal offence, or have been sued by someone. If you do nothing about it, you could end up in serious debt, bankrupt, or worse.

You may want to fight the case, enter a plea of guilty with an explanation, or try to settle the matter.

Someone may even owe you money, and you need to make sure you get paid. The legal process of obtaining a judgement against someone and enforcing it is complex and requires experience and expertise for the best results.

Even seemingly simple matters can turn into a complicated and expensive situation without clear and timely legal advice.

We can assist you in all aspects of any court case you are involved with, both as a defendant or a plaintiff, and at a reasonable rate.

Court Cases

There are many situations where you can suffer an injury. These include car accidents, being a victim of crime, or a slip and fall.

The ramifications of being hurt can be quite serious. An incident which does not appear too severe initially can worsen so much that you may be restricted in your ability to earn a living, or indeed to work at all.

For example, many insurers may make an offer of settlement relatively early on in the piece. Some people take this, without the benefit of legal advice, much to their later regret. You can take 18 months or more to recover from even a relatively minor accident.

It is always better to have someone beside you who knows the system and is looking after your best interests.

We can assist you with your claims from the outset, or come in at a later stage to offer advice about offers of settlement or other matters affecting your legal rights.

Challenging Wills and Powers of Attorney

The Family Provision Act 1982 (now the Succession Act) started in 1983 and applies to people dying on or after that date.

The Act corrects unfair treatment of people who had received no proper provision in a will. An "eligible person" can apply for provision out of an estate whether or not there was a will, and whether or not they were mentioned in a will.

Those eligible to apply under the Act include:

• The husband or wife; or a defacto
• A child of the deceased person
• A former wife or husband
• A person who was, at any time, wholly or partly dependent upon the deceased and who was, at any time, a member of a household of which the deceased was a member
• A grandchild of the deceased person who was, at any particular time, wholly or partly dependent upon the deceased

You need to consider the implications of the Act when drawing your will, or indeed to see if you yourself may make a claim on an estate from which you have been unfairly left out.

Challenging a Will

In some cases it may be that there is a dispute as to whether not an attorney is acting correctly. The New South Wales Civil and Administrative Tribunal ( NCAT) can review an enduring power of attorney and make orders under the Powers of Attorney Act 2003. It can declare that a person who made an enduring power of attorney ('the principal') did not have the mental capacity to do so and that the enduring power of attorney was invalid.

Attorneys are not supervised nor are they required to report to any authority. If you are concerned that the attorney is not acting in the best interests of a person who has lost capacity, you can make an application to NCAT to review the enduring power of attorney.

NCAT can review enduring powers of attorney under the Powers of Attorney Act 2003 if it considers the request for a review is in the best interests of the person who made the enduring power of attorney. It can appoint a substitute attorney and it can declare the principal is not competent to manage their affairs. An application can be made by any interested person.

The definition of an ‘interested person’ is very wide. It is defined as: An attorney appointed under an Enduring Power of Attorney; the person who made the Enduring Power of Attorney (the principal); any person who is the appointed guardian of the principal ; any person who is the enduring guardian of the principal; an attorney whose appointment has purportedly been revoked ;any other person who NCAT considers has a proper interest in the proceedings or a genuine concern for the welfare of the principal.

If it is satisfied of the need to do so, NCAT can vary or revoke the enduring power of attorney. The Tribunal has the power to remove an attorney from office or appoint a substitute attorney. It can reinstate an enduring power of attorney that has lapsed because the attorney is no longer able to act. It can also require an attorney to provide accounts and information. We can assist with advice in this regard as well as representation if necessary.