Elder Law Practice Group

Oldham, Li & Nie is the first Hong Kong law firm to set up a legal practice group specifically dedicated to Elder Law.

Through its longstanding Pro Bono and Community Work Program which has received many accolades, the firm came to recognize that older adults have a unique set of legal needs that cannot be neatly slotted into any of the traditional legal practice areas. 

While Elder Law is well established in North America and many countries in Europe, this practice area has yet to receive comparable attention from Hong Kong law firms.

With the establishment of this groundbreaking legal practice group, Oldham, Li & Nie recognises the need to assist with the distinct legal challenges that may be faced by this demographic.

For all of the above reasons, we felt it was our mission to establish an Elder Law Practice.

Every member of our Elder Law Practice Group has been hand-picked and trained for the following qualities:

• Respect for everyone’s right to dignity and independence
• Compassion and empathy
• Understanding the perspectives and day-to-day issues faced by those in this demographic
• Pragmatism, adaptability and flexibility
• Holistic in devising legal solutions

The legal services offered by our Elder Law Practice Group include providing advice in relation to:

Organizations that render services to the elderly

• Nursing home and home care agreements
• Private agreements with caregivers in a private home setting
• Advice on regulations and legislation governing the operation of nursing homes, care and attention homes, aged homes, self-care hostels and any other living quarters falling within the jurisdiction of the Residential Care Homes (Elderly Persons) Ordinance, Cap 459
• Advice on the governance and operation of section 88 companies and NGOs dedicated to the welfare of the elderly (or other worthwhile causes) and applying for section 88 tax exempt status

Older adults and their family members

Non-contentious

• Immigration to re-unite with adult children and their families
• Estate planning and tax planning
• Family business succession and corporate restructuring
• Asset consolidation and disposal
• Family agreements and deeds of family arrangements
• Inter vivos gifts, gifts by will
• Probate administration and application for special grants
• Resealing of foreign probate grants
• Trust set up and administration, non standard wills
• Existing, imminent or potential loss of mental or physical capacity – Power of Attorney, Enduring Power of Attorney, Advance Care Planning, Advance Health Directives
• Elder Law cross border issues

Contentious

• Elder rights advocacy – financial and/or emotional exploitation of elders, physical abuse or neglect of elders
• Committeeship under the Mental Health Ordinance, guardianship appointments
• Applications concerning the administration of an estate or trust
• Challenges to the substantive validity of wills and trust deeds
• Inheritance disputes
• Reasonable financial provision claims under the Inheritance (Provision for Family and Dependents) Ordinance
• Domicile disputes
• Applications relating to the forfeiture of assets, presumption of death and burial issues
• Property trust claims concerning the beneficial ownership of properties
• Insurance claims

Should you or your loved ones wish to have a confidential and complimentary discussion with one of our lawyers in the Elder Law Practice Group, please do not hesitate to contact Helena Hu at Helena.hu@oln-law.com.

Elder Law Practice Group

Team Members

Gordon D. Oldham

Senior Partner

Helena Hu

Consultant

Gareth K.W. Leung

Associate