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    What Role for the Law in Regulating Older People’s Property and Financial Arrangements with Adult Children? The Case of Family Accommodation Arrangements

    Access Status
    Fulltext not available
    Authors
    Webb, Eileen
    Somes, T.
    Date
    2015
    Type
    Journal Article
    
    Metadata
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    Citation
    Webb, E. and Somes, T. 2015. What Role for the Law in Regulating Older People’s Property and Financial Arrangements with Adult Children? The Case of Family Accommodation Arrangements. Law in Context. 33 (2): pp. 24-51.
    Source Title
    Law in Context
    Additional URLs
    http://search.informit.com.au/documentSummary;dn=720466596619631;res=IELAPA
    ISSN
    0811-5796
    URI
    http://hdl.handle.net/20.500.11937/42789
    Collection
    • Curtin Research Publications
    Abstract

    To some older people, the prospect of moving in with family to be 'cared for' as they age has considerable appeal. For example, an older person may choose to sell his or her home, invest the money in a child's property through the construction of a 'granny-flat' or extension and live in that property. If such arrangements are successful, the older person is likely to enjoy the companionship and support of family as he or she grows older. Unfortunately, the legal position of the older person if 'something goes wrong' is precarious. In the absence of a legislation addressing family accommodation or 'assets for care' arrangements written agreement, the older person must navigate the vagaries of several complex areas of law, particularly constructive trusts and estoppel, and endure the stress of proceeding against family members. This article discusses the shortcomings in the existing legal regimen and makes recommendations to provide legal protection for older people entering into such arrangements.

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