Brian Herd

 Brian Herd is the Author of “Avoiding the Ageing Parent Trap” and an Elder law specialist  partner with

Hopgoodganim Lawyers 

So in the words of Brian Herd. “Do something” now. My advice is reading “Avoiding the 

ageing parent trap” 

If you want to connect with Brian Herd you can contact him through Linkedin at 

LinkedIn: Brian Herd | LinkedIn

As well as being an author  he is 

a passionate lawyer, working at the coalface of elder law or law relating to older people 

and their families, and the disputes and dysfunction brought on by ageing parents.

He is a partner in the law firm Hopgoodganim Lawyers. He writes and speaks regularly for 

leading senior associations and media outlets on the law relating to the elderly .

For 3 years in a row, Brian has been one of Australia’s “Best Lawyers in Seniors and 

Retirement law” (as voted by his peers) and recognised by Doyles Guide 

His introduction into elder law really began over 20 years ago when he was called in to 

mediate a dispute between an ageing mother, an aged care facility and 5 daughters. That 

led into an introductio into the world of “bowel care” and from there his practice 

morphed into becoming a ‘wayfinder” for families navigating the experience of ageing 

from a legal perspective Since that early experience he has has been involved in 

countless matters, some of which are very humourous. Something that you definitely 

need when helping families navigate the process of ageing both from all perspectives.

Noel Whittaker helped me interview Brian a perfect co interviewer for a number of 

reasons, his friendship with Brian, the fact that he wrote the forward to Brian’s book and 

the because his financial expertise is a natural complement to Brian’s legal expertise in 

elder law.

Brian talks about 

 What is a “wayfinder”

 Why he wrote “ Avoiding the Ageing Parent Trap”

 Importance of legal advice for elder law issues.

 When mediation can work and work well in family disputes 

 How documenting arrangements with family can assist in avoiding disputes later

 What should be included in those agreements/ arrangements

 The importance of a will, an enduring power of attorney and an advanced health 

directive.

 Some of the different accommodation options for ageing parents and their benefits 

and disadvantages

 What a RAD is and why if you pay it, you have to be aware that the RAD can be 

refunded on death but it doesn’t go to the payer, it goes to the deceased person’s 

estate 

 Compactos and how they are different or not so different from defactos

 “Tiptoers” and “Love under the influence”

 Granny flat arrangements, centrelink and tax implications

 How writing a newsletter for clients and former clients have strengthened his 

relationships

 And of course the story of the “bowel care” book and “stool” charts as proof that an 

ageing mother was not being starved.