Aged Care & Retirement Planning
We want to help you transition through the next chapter in your life. Legal advice that is highly personalised can help you make the most important decisions you are faced with when planning your retirement and future health care needs.
Health care requirements and living arrangements are something we will all have to consider as we get older.
When considering what options best suit your lifestyle, financial circumstances and wellbeing now and into the future, it is important to discuss your needs and expectations with an experienced aged care lawyer who understands this landscape.
The Retirement Village and Aged Care Sector in Australia can be a very complex market to navigate. By getting the right advice you can have confidence and peace of mind in finding the best option to suit your needs and preferences.
Download our aged care guide
Download our aged care guideFor more information about transitioning to aged care, simply provide your details and our Information Pack will be sent to your inbox.
What is an Accredited Aged Care Professional?
An Accredited Aged Care Professional is an individual who has successfully completed the Accredited Aged Care Professional Program, which is provided by Aged Care Steps. This accreditation is widely recognised as the gold standard for training in aged care advisory.
The program equips professionals with the knowledge and skills necessary to navigate the complexities of aged care, ultimately empowering them to guide their clients in making well-informed decisions about their options.
Meet Debbie Sage, Partner
Accredited Aged Care Professional
Debbie is a Partner in the Wills and Estates and aged care team. With nearly 20 years’ experience in the field, Debbie heads our Aged Care department. She is passionate about fighting for change and is taking a stand to criminalise elder abuse. Debbie advocates for the safety and wellbeing of the elderly community and has been campaigning to introduce new laws that specifically criminalise elder abuse.
Debbie is able to provide her estate planning expertise and retirement planning advice to ensure her clients make informed decisions about their aged care options, including at home care packages, retirement village or residential care facilities.
Meet Larisa Kapur, Senior Associate
Accredited Aged Care Professional
Larisa excels in crafting creative solutions that cater to her clients’ personal preferences, lifestyles, and care needs. In addition to her legal duties, Larisa extends her commitment to the community by visiting aged care homes to offer valuable information and answer any questions people may have.
She also actively participates in local Seniors Expos, striving to make vital legal information accessible to everyone and educate the community about their rights.
Meet Bindy Marshall, Paralegal
Accredited Aged Care Professional
Bindy Marshall has worked in the aged care industry for over eight years.
She recognises that putting a loved one into care is one of the most stressful things a family member or friend can do. The people she assists are often at the end of their tether in their dealings with hospitals, aged care facilities and Centrelink. They need simplicity, compassion, and care, and Bindy thrives on being able to guide them through the labyrinth of aged care support.
In a show of true community spirit, Bindy founded the Aged Care We Care Appeal, which delivers over 1,000 gifts to residential aged care facilities and hospitals at Christmas time to those in our community who have no family or friends to visit.
Transitioning to aged care is a big decision – choose the right advisor
The aged care industry is constantly changing, and it is vital that individuals transitioning to aged care speak to an accredited professional to understand the regulations and policies that will impact their care choices and learn how to best negotiate with aged care facilities. Our team is well-equipped to provide valuable insights and advice across all aspects of aged care, including at-home care packages, retirement villages, and residential care facilities. When faced with the complex decisions of transitioning to aged care, choose the expertise and guidance of our Accredited Aged Care Professionals.
We can provide insight and professional advice regarding:
- The aged care industry
- The various choices of aged care accommodation
- Aged Care Assessments (ACAT) and how they work
- Centrelink and Veteran’s Affairs
- Residential care fees and what people need to understand when entering a Retirement Village Agreement or Aged Care Facility Agreement
- Estate planning and what documents people should have in place when entering an aged care facility.
Our aged care and retirement planning services include:
There are several ways for people to own or occupy premises in a retirement village or aged care facility. You can enter a retirement village either under long-term lease, under licence or by way of strata title ownership.
Under a long-term lease, the occupier is entitled to live in the property for a period of time pursuant to the lease (most commonly 99 years). The retirement village owner maintains ownership of the property, but the lease is registered in the occupier’s name providing security of tenure. Beyond the lease agreement, a ‘service agreement’ sets out the terms and conditions regarding the services provided during your time as a resident at the facility.
A resident agreement is a formal agreement between the resident and the aged care home. The prospective resident should review the agreement before they move into the facility. We suggest that all prospective residents obtain independent and trusted legal advice from a lawyer experienced in aged care before signing or paying an aged care facility any money.
It is very important to enter into a proper agreement in relation to granny flat arrangements because no matter how close families are, your circumstances can quickly change and with an agreement in place, everyone’s interests can be protected if you do have a falling out.
Normally the transferred property or funds would be deemed to be a gift and would affect the pension entitlements of the parent. ‘Granny flat’ rules allow for any money paid to the parent’s children to be exempt from the usual deeming legislation by Centrelink. The requirements are quite flexible, and you do not actually have to build a separate granny flat or separate residence. As long as there is a designated room or area that allows for your exclusive occupancy and there is an agreement to support the arrangement, Centrelink will usually approve the arrangement.
We care about your future and can help you confidently plan your retirement when you are considering moving into a retirement or aged care facility. Our experienced estate planning lawyers can assist you in reviewing your estate plan and ensuring your assets a protected in all stages of your life.
FAQs
A good place to start is by finding out what options are available. You can begin your research by visiting www.myagedcare.gov.au
Speaking with a trusted financial adviser who is an Accredited Aged Care Specialist will help you determine what your best options are and what you can afford. Whether you want to stay in your own home longer but require additional assistance, or if you are looking to live in a retirement village or aged care facility, an experienced financial adviser can help you understand the fees and charges that will apply and whether or not you should sell the family home in pursuit of your new living arrangements. They can also help you with a range of financial strategies which will take into consideration your pension entitlements as well as any tax implications you need to consider.
Once you have entered into a retirement living agreement, there can be costly consequences if you want to exit or break the contract outside of the terms and conditions outlined. For this reason, it is imperative to seek legal advice before signing the agreement and moving into the village. If you try to break the agreement, you will likely get a nasty surprise of exorbitant exit fees.
Most retirement villages have a list of rules that all residents need to follow. These cover things like whether you’re allowed to have pets, whether you can hang paintings or pictures on your walls in your room, expectations in relation to any visitors you may have and timeframes around visiting hours.
It’s important to be familiar with the rules because if you are not, you can find yourself in a position where you have broken rules without even realising it. For serious breaches of the rules, your agreement may be terminated, and you could be asked to leave the village.
Carer Gateway is an Australian Government initiative that provides free support services to unpaid carers, including emergency respite care. It is available to anyone who provides ongoing unpaid care to a family member or friend who has a disability, medical condition, mental illness, or is frail due to age.
In situations where the primary carer becomes unwell, needs to go to hospital, or is experiencing carer burnout, Carer Gateway can help arrange short-term emergency respite care for the person they support, even if no ACAT (Aged Care Assessment Team) assessment has been completed.
It’s recommended that carers have an emergency care plan in place so that others can step in if needed. If a carer is unexpectedly take to hospital, the Ambulance Service may also transport the care recipient, and hospital staff can assist with arranging emergency respite placement.
To contact Carer Gateway, call 1800 422 737.
The RAD (Refundable Accommodation Deposit) acts like a bond and is 100% refundable when the resident leaves the aged care facility, either due to moving out or passing away. If the resident passes away, the RAD must be refunded to the estate within 14 days of receiving probate (or evidence of the legal right to administer the estate).
Please note: This process may change with the introduction of the new Aged Care Act, expected to come into effect in November 2025.
ACAT stands for “Aged Care Assessment Team”.
An ACAT assessment is a comprehensive evaluation of an individual’s care needs and helps determine eligibility for government-funded aged care services.
ACAT Assessments are conducted by professionals such as nurses, therapists, and social workers, who assess various aspects of the individual’s life.
The Commonwealth Home Support Program (CHSP) is designed to provide early support for seniors who are 65 years and older, who require a little more help at home.
CHSP is intended for seniors requiring 1-2 basic services, either in the short-term, or on an ongoing basis.
An ACAT assessment will help determine your eligibility for the CHSP, including specific services.
Services that can be accessed through CHSP include meals and food preparation, bathing hygiene and grooming, nursing, podiatry, physiotherapy and other therapies, respite, home or garden maintenance, cleaning, laundry, transport, and other services.
A Daily Accommodation Contribution is a daily payment made by residents who are partially supported by the government towards the cost of their aged care accommodation.
This amount is determined by Services Australia based on your means assessment.
The DAC is not refundable.
The Daily Accommodation Payment is another way to pay the RAD (Refundable Accommodation Deposit) and gives the individual choice when moving into aged care.
The DAP is non -refundable and is a rental-style payment that is recurring.
It is calculated based on the agreed RAD for the room, multiplied by the maximum permissible interest rate (MPIR) and then divided by 365 days.
A Home Care Package (HCP) is a coordinated package of care and services to help you live independently in your home for as long as you can.
There are four levels of HCP available, and the government provide different levels of funding for each HCP level.
- Level 1 supports people with basic care needs.
- Level 2 supports people with low care needs.
- Level 3 supports people with intermediate care needs.
- Level 4 supports people with high care needs.
A Refundable Accommodation Contribution (RAC) is an amount paid by aged care residents who are not required to pay the full cost of accommodation. It is similar to a RAD (Refundable Accommodation Deposit), but with one key difference, the government subsidises part of the cost based on the resident’s financial situation.
The amount of the RAC is calculated by the aged care provider, using the Daily Accommodation Contribution (DAC) as a reference. The DAC is determined by Services Australia after the resident submits an Income and Assets Assessment. This ensures the contribution is means-tested and reflects the resident’s ability to pay.
Just like a RAD, the RAC is refunded when the resident leaves the facility or passes away, minus any amounts that may be deducted as allowed under the agreement.
Moving into Aged Care Checklist: Who to Notify
Moving into an aged care facility is a significant transition and we understand that it comes with a multitude of tasks to manage. We’ve put together a checklist outlining who to notify about your move to help you.
Contact our Department Manager
With specialised experience in the aged care sector, we’re here to help you make an informed decision about your care and living arrangements.
