Family Agreements - Benefits & Risks

In February, COTA WA published a "Let's Make It Legal Guide" outlining essential information for seniors to better understand their legal rights in their life journey. Chung Wah Community Care (Chung Wah CC) promotes this helpful resource to our seniors and receives excellent feedback. Clients even request us to organise talks on legal issues related to housing and accommodation.

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As a result, Chung Wah CC invited the Northern Suburbs Community Legal Council (NSCLC) to present educational content to senior clients at the Balcatta Hub and Willetton Hub. The topic was "Family Agreements - Benefits & Risks". Stacey, the speaker from NSCLC, is a lawyer specialising in Family Law and Estate Law.

What is a family agreement?

A family agreement is an arrangement between an older person and another party, usually family, friends or carers. For example, the older person agrees to sell or transfer their home, assets or large amounts of cash to relatives in exchange for accommodation and current or future care. Family agreements do not have to be formal documents in writing and can be verbal and informal.

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The benefits of a family agreement can be mutual. Seniors can have peace of mind, and the family can share wealth and improve financially. On the other hand, a family agreement, especially a verbal or informal one, can present risks, as it is not easy to hold someone accountable. If the family did not do what they promised, this may cause harm to the senior. Family agreements can sometimes enable elder abuse. The World Health Organisation (WHO) defines elder abuse as a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. Financial abuse is the most common form of abuse in Australia.

Our speaker further introduced how to set up a family agreement properly. It starts with understanding your needs, considering different options, and whether it causes distress to you. Access to legal and financial advice and a written legal agreement is equally essential to protect your interest. Stacey also shared information regarding ways to get access to legal and financial advice. Lastly, she elaborated on how to say no to others intelligently and rationally. Participants found this workshop incredibly helpful; hands were clapping in the air to express gratitude.

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Chung Wah has been servicing the WA community since 1909, dedicated to improving the quality of life of individuals from diverse backgrounds. Moreover, Chung Wah CC has over 35 years of professional care experience helping seniors and people with disability improve their well-being and better integrate into the community. In 2023, we're promoting our theme, Embrace, Elevate & Flourish, and build a better community for all.

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