Approach your older years with total peace of mind by getting the right legal advice from our aged care law specialists.

Aged care and community living

If you are considering moving into a residential Aged Care facility or Retirement Village in the future, there are many legal issues you will need to consider. Just as Strata buildings have their own unique rules and by-laws that unit owners must comply with, so too do Aged Care facilities and Retirement Villages.

It is important to ensure that you understand your legal obligations and responsibilities before signing an Aged Care accommodation contract. Seeking legal advice so that you are fully informed will prevent any problems and unanticipated charges down the track.

Fleming Law can provide legal advice about residential Aged Care and Retirement Village contracts or agreements, make sure that the terms are fair, and ensure that you understand what you will receive in return for your financial commitment. We can also walk you through the process of buying a unit in a Retirement Village, and advise you about any Aged Care or Retirement Village legislation that may affect you.

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Residential Care options for the elderly

Choosing the right residential care option for your later years will depend on your unique situation and the level of care that you desire or need. Your needs may change as you get older. There are 3 main types of care options:

If you prefer to remain in your own home, you may be eligible to receive Home Care.

A Retirement Village - these can offer a mix of independent living units and more supported living units.

An Aged Care facility - formerly referred to as Nursing Homes, these can offer different levels of care, from low to high, with extra services on offer as required.

Aged Care issues to consider

Financial commitment - facilities providing care for the elderly can require a substantial financial outlay so you will need to work closely with your legal and financial advisors to ensure that you understand and can cover any future costs. You should consider the cost of any additional services available at the facility, in addition to the basic daily fees.

Will you be required to pay an upfront lump sum for your accommodation, or a daily accommodation payment? (Or a combination of the two?) Will you receive a refund if you leave the facility?

Will you need to sell your existing home to fund your residential Aged Care? Or will you rent out your home? If so, who will manage the property if you are not able to?

Do you meet the eligibility requirements to enter the Aged Care facility of your choice?

Knowing your rights - when you buy into an Aged Care facility, can you be moved around without your consent? What is the Aged Care facility’s complaints resolution process?

Retirement Village issues to consider

What are the buy in/entry costs? Will you own or lease the unit? Buying into a Retirement Village can be more complicated than buying other types of property as there are different kinds of legal title and occupancy rights available.

What ongoing service charges will you be required to pay for the maintenance and upkeep of Village facilities?

What will you be required to pay for the maintenance of your own unit?

Are there any other fees you might be expected to cover?

What happens down the track when your unit is sold again? What fees and charges will apply that may affect your family? (eg. departure fees)

We can help you resolve these and any other issues that may arise relating to residential accommodation for the elderly.

Some common questions about Aged Care:

Where can I find more information about Aged Care?

Information about different aged care options is available on the Federal Government website www.myagedcare.gov.au

Where can I find more information about Retirement Village living?

Information about living in a retirement village is available on the NSW Government website: https://www.fairtrading.nsw.gov.au/housing-and-property/retirement-villages/moving-into-a-retirement-village