If we’re lucky, we’ll get to live a good long life. And with that, many of us will be tasked with making decisions around the care of our older loved ones.

Elder law encompasses a lot

Elder law takes in a wide range of issues, from assisting with the broad range of accommodation issues faced by our ageing population to capacity assessment and substituted decision making to aged-care rights and supporting the families of those not getting the care their frail parents deserve.

It also deals with enduring appointments like powers of attorney, which allow trusted individuals to manage an older person’s affairs when they can no longer do so themselves. Dealing with the legal issues involved once an older person dies is just part of the practice of elder law.

A frequent issue arising in legal practice is the determination of capacity. Some of those in the older demographic will experience cognitive decline, making it difficult – and sometimes impossible – to make decisions about their health, accommodation, and finances.

Knowing when to reach out for the assistance of a health professional and from what area of practice or specialty is challenging and requires specialist knowledge and skill.

An area of growing relevance

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Today, there are more than 4 million Australians over the age of 65, and this number is growing. People are living longer, and this translates to an increased need for specialist legal services in health, accommodation, and financial wellbeing.

One in six older Australians report experiencing some form of elder abuse every year. The NSW Ageing and Disability Commission has seen a 24 per cent rise in reports of elder abuse, a figure that is both shocking and unacceptable. Elder law practitioners also play a critical role in addressing these issues, offering older Australians the legal protection they need.

Applications to the NSW Civil and Administrative Tribunal (NCAT) guardianship division have also more than doubled in the last five years, reflecting the growing need for expert legal guidance in these matters.

A new specialist accreditation

Against this backdrop, the NSW Law Society has recently announced the addition of elder law to the specialist accreditation program – the first new area of specialist accreditation since 2009. This program aims to ensure that older Australians have access to solicitors who hold themselves out as experts in elder law.

This is a broad program and isn’t just for NSW solicitors. The Law Society has partnered with organisations across multiple jurisdictions, creating a national pool of elder law experts.

As those who have gone down the specialist accreditation path know, the process is rigorous. Applicants must have been in practice for at least five years, with a minimum of 25 per cent of their practice dedicated to elder law for the past three years. Once accredited, they must continue their professional development, ensuring they stay up to date with the latest legal developments affecting older Australians.

Protecting rights and dignity

As our population continues to age, the importance of elder law will only grow. It’s a fascinating and rewarding area of legal practice where you can make a meaningful difference in people’s lives.

Catherine Henry is the principal of Catherine Henry Lawyers.