What role for real property in combating financial elder abuse through assets for care arrangements?

Somes, T; Webb, E

What role for real property in combating financial elder abuse through assets for care arrangements?

Somes, T

Webb, E

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Publication Type:: Journal Article
Citation:: Canterbury Law Review, 2016, 22, pp. 120-152
Issue Date:: 2016

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Field	Value	Language
dc.contributor.author	Somes, T https://orcid.org/0000-0001-7461-7183
dc.contributor.author	Webb, E
dc.date.accessioned	2022-08-09T06:14:12Z
dc.date.available	2022-08-09T06:14:12Z
dc.date.issued	2016
dc.identifier.citation	Canterbury Law Review, 2016, 22, pp. 120-152
dc.identifier.issn	0112-0581
dc.identifier.issn	0112-0581
dc.identifier.uri	http://hdl.handle.net/10453/159805
dc.description.abstract	This paper examines a particular type of transaction between older people and their adult children: the ’Assets for Care’ or ’Family Accommodation’ arrangements Its aim is twofold:a. to provide an update of recent legal consideration of this type of transaction and;b. to provide new and novel suggestions from equity and property law that may assist in regulating Assets for Care arrangements.The authors are not under any illusion as to how complex these arrangements can be. Any one scenario - no matter how outwardly simple - can give rise to a number of contentious, and at time competing legal issues. What is clear, however, is that the existing Australian property law regime is inadequate to protect the rights of older persons who enter into property and financial arrangements with family members.
dc.language	English
dc.relation.ispartof	Canterbury Law Review
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	1801 Law
dc.title	What role for real property in combating financial elder abuse through assets for care arrangements?
dc.type	Journal Article
utslib.citation.volume	22
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	true
dc.date.updated	2022-08-09T06:14:11Z
pubs.publication-status	Published
pubs.volume	22

Abstract:

This paper examines a particular type of transaction between older people and their adult children: the ’Assets for Care’ or ’Family Accommodation’ arrangements Its aim is twofold:a. to provide an update of recent legal consideration of this type of transaction and;b. to provide new and novel suggestions from equity and property law that may assist in regulating Assets for Care arrangements.The authors are not under any illusion as to how complex these arrangements can be. Any one scenario - no matter how outwardly simple - can give rise to a number of contentious, and at time competing legal issues. What is clear, however, is that the existing Australian property law regime is inadequate to protect the rights of older persons who enter into property and financial arrangements with family members.

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http://hdl.handle.net/10453/159805