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

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