Elder law isn’t something to think about only when a crisis hits. Recent news and reforms show that how we plan for ageing, decision-making authority, elder rights, and protections all matter right now for older Victorians and their families.
1. A New Aged Care System with Stronger Rights
From 1 November 2025, a major reform took effect nationally with the introduction of the new Aged Care Act 2024, aimed at putting older people’s rights at the centre of the system. Under this law, people accessing government-funded aged care now have a Statement of Rights that guarantees dignity, respect, choice and control over their care and living arrangements. The law also formalises support at home options designed to help older people stay at home longer. (Health, Disability and Ageing Dept.)
This is a big deal because it shifts the focus from a service-only model to a rights-centred model. Older adults and their families now have more legal clarity about what they can expect from aged care services and what they can require providers to do.
2. Elder Abuse Is Real and Reports Are Rising
In Victoria, police data show that reports of elder abuse have jumped sharply, with a 42 per cent increase over the last five years. That means nearly 7,400 reports of elder abuse in the last year alone, affecting real families and community members. (Compass)
Elder abuse can take many forms — financial, emotional, physical, social or neglect — and it often happens within families or trusted relationships. (Seniors Rights Victoria)
3. Elder Abuse Prevention and Support Is Improving
Organisations like Council on the Ageing (COTA) Victoria and Seniors Rights Victoria are pushing for better awareness and responses. In 2025 they helped embed elder abuse prevention within Victoria’s wider family violence framework, and they continue to advocate for better early intervention and training for frontline workers. (cotavic.org.au)
4. Decision-Making Matters — Advance Planning Works
Without clear advance planning, families can face legal battles over who can make decisions for an older person if they lose capacity. For example, if someone has not appointed an attorney or guardian, My Aged Care and other services cannot automatically assign decision-making powers to a family member without additional legal steps. (justbettercare.com)
In Victoria, laws like the Powers of Attorney Act 2014 and Guardianship and Administration Act 2019 are designed to protect vulnerable adults and offer legal frameworks for decision-making when capacity diminishes. (aitken.com.au)
What This Means for You and Your Family
These developments signal that elder law is about more than documents. It’s about protecting:
• Your right to make decisions while you still can
• Your dignity and legal autonomy as you age
• Your financial and personal interests in aged care, housing and health
• Your protection against abuse and exploitation
Without clear planning such as enduring powers of attorney, guardianship arrangements, or elder law guidance families can be left guessing what a loved one wanted, or even facing legal hurdles to act on their behalf.
If You’re Concerned About Your Situation or a Loved One
Whether you’re planning ahead, navigating aged care decisions, worrying about elder abuse, or unsure who will make decisions for you if circumstances change, I’m here to help.
🌐 Click here a free 15-minute chat with us at Fennelly Legal. We’ll talk through your situation, clarify what rights and protections apply, and help you make a plan that works for you and your family.
Stuart Day
Fennelly Legal