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Elder LawNational Elder Law and Succession LawCommitteeIn recognition of Australia's ageing population and the related growth in demand forelder law legal advice and services, the Law Council has a National Elder Law andSuccession Law Committee to respond to issues of national significance in this growingarea of the law.The objective of the National Elder Law and Succession Law Committee is to representthe views of the legal profession at the national level on matters related to elder lawand succession law. It will achieve this objective by monitoring government initiativesrelating to elder law and succession law, proactively initiating or advocating for policyinitiatives relating to elder law and succession law, and by conducting communityeducation on legal issues related to the elderly.The National Elder Law and Succession Law Committee consists of members takenfrom the constituent bodies of the Law Council of Australia, including one Co-Chairperson from the Law Society of NSW and one Co-Chairperson from the LawInstitute of Victoria. The current membership of the Committee consists of:

Pam Suttor (Co-Chair) - Law Society of NSW

Carole Ainio (Co-Chair) - Law Institute of Victoria

Kathy Wilson - Law Institute of Victoria

Peter Hanks QC - the Victorian Bar

Judy Morris - ACT Law Society

Brian Herd - Queensland Law Society

Peter Myhill - Law Society of South Australia

Anita Smith - Law Society of Tasmania

Elizabeth Heenan - Law Society of Western Australia

Susan Fielding - Law Society of Western Australia

John Hockley - Western Australian Bar Association

Anthony Young - Law Society of the Northern Territory

IssuesThe Committee has identified a range of issues which it will pursue at first instance,including:

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uniformity of enduring powers of attorney;

a solution to the trend of excluding legal practitioners from aged care proceedings; and

a clearer approach to the increasing numbers of informal substitute decision makers.

Other issues that the Group will consider at a later date include:Succession law reform, including harmonised legislation relating to the acceptance ofinformal wills and intestacy.

Matters relating to administration of estates, including an expected SCAG consultation inlate 2009.

Mutual recognition and harmonisation of specialisation and accreditation in elder law.

Issues related to elder abuse, including capacity issues, undue influence, entering intoguarantees and reverse mortgages in the interests of others, and misuses of influence bycarers.

Issues relating to guardianship laws.

Certain specific issues in relation to superannuation, such as the relationship betweensuperannuation and power of attorney.

Probate practice, including new practice notes and 'do it yourself' probate reforms.

Recognition of alternative forms of wills, including Koranic and customary law wills.

A national births, deaths and marriages register.

Issues arising from aged care and retirement villages.

National regulation of trustee corporations.

Costs and access to justice issues that relate specifically to the elderly.

Family agreements, including in relation to 'granny flats' and Centrelink.

Age discrimination and human rights issues affecting the elderly.

Issues relating to advanced directives.

ContactFor further information on the work of the Committee, contact:

Nick ParmeterEmail: nick.parmeter@lawcouncil.asn.au Tel: (02) 6100 3750

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