Aged Care & Retirement Planning Lawyers Brisbane

As a leading elder law firm, our Brisbane lawyers have the local knowledge and industry expertise to ensure your best interests are protected when you are transitioning through the next stage of your life.

When preparing for the future and making decisions about your health care needs, it is important to have an experienced aged care lawyer help you understand the options available to you.

The aged care and retirement living sector in Brisbane can be difficult to navigate, and not all facilities will be a match for you or meet your needs and expectations.

Attwood Marshall Lawyers provide personalised legal advice to help you plan for your future. By getting trusted advice you can be confident in knowing you have set yourself up for a successful transition to care, you have reviewed any contracts thoroughly so that you understand your rights and obligations under these agreements, and you have accessed the most up-to-date information to give you absolute peace of mind that you have made the best choice for yourself and your family.

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Our Brisbane retirement planning and aged care services include:

You can choose to occupy premises in a retirement village or aged care facility by:

  • Taking a long-term lease, where you are entitled to live in the property for a period of time pursuant to the lease. Under this arrangement, the retirement village owner maintains ownership of the property however, the lease is registered in the resident’s name providing security in tenure. Beyond a lease agreement, a ‘Service Agreement’ will also be entered into which will set out the terms and conditions that apply to your care plan, the services you receive, and the fees you have agreed to pay for those services.
  • Under licence; or by way of
  • Strata title ownership.

A Resident Agreement is a formal agreement between the resident and the aged care facility, and it sets out the care and services the aged care home will provide and how much you will be asked to help pay for that service. Before you move into an aged care home, it is recommended that you obtain independent legal advice from an experienced aged care lawyer who will go over the Resident Agreement with you.

Dual living homes and granny flat accommodation continue to grow in popularity across Brisbane. Many elderly people are choosing to occupy a granny flat or dual living space as an alternative to moving into an aged care facility. If you can make this type of living arrangement work with your family, it can help you remain in your home longer. 

It may seem unnecessary to sign a properly drafted Granny Flat Agreement when moving into a granny flat or dual living space with your family, however despite having the best intentions, your circumstances, or that of your family, can change very quickly. There are important factors to consider when entering into a Granny Flat Agreement, and by documenting the arrangement properly, you will ensure everyone’s interests are protected.

Usually, the transferred property or funds from a parent to a child would be deemed to be a gift and would affect the pension entitlements of the person “gifting” the property. Granny flat rules allow for any money paid to the child, to be exempt from the usual deeming legislation by Centrelink.

The requirements are quite flexible, and you do not have to build a granny flat or separate residence. If there is a designated room that allows for your exclusive occupancy, and there is an agreement to support the arrangement, in most cases Centrelink will approve the arrangement.

Making proper arrangements for your estate is one of the most important things you can do for your family. Our experienced estate planning lawyers can help you plan, protect, and preserve your wishes. Using the most advantageous strategies, our lawyers will help ensure your estate is structured appropriately and your wishes are documented in a legally binding way. 

Our Brisbane lawyers understand the aged care landscape and have the local knowledge you need to make an informed decision.

We are proud to offer the services of Accredited Aged Care Professional, Debbie Sage, who will give you confidence in knowing you are getting trusted advice that takes into consideration your personal circumstances. Debbie can provide insight into the challenges faced by care providers and the state governments, and all factors you need to consider when transitioning to care.

Attwood Marshall Lawyers will help you understand your rights and obligations under aged care resident agreements, retirement village leases and service contracts. From deciding how to finance your living arrangements and care needs, to making sure your estate plan will preserve your wishes, our Brisbane aged care lawyers will guide you through the decision-making process and make your transition to care a positive experience.  

We will ensure your best interests are looked after at every stage of your life.

FAQs

By visiting www.myagedcare.gov.au you can find information about the types of care available, how  the assessment process works, and who your local aged care providers are. You can even check your eligibility and apply for an aged care assessment online through the website by completing a quick and easy 15-minute questionnaire.  

We recommend that you obtain advice from an Accredited Aged Care Financial Adviser who can help you with your retirement planning, wealth management, and savings planning. An Accredited Aged Care Adviser will help you access and fund the most appropriate aged care solution to suit your unique situation.

To find an Accredited Aged Care Adviser in Brisbane, visit www.agedcaresteps.com.au/state/queensland/

If you exit early or break a Retirement Living Agreement outside of the terms and conditions outlined, it can be a very expensive exercise. This is one of the main reasons why it is so important to obtain legal advice before entering into an agreement and moving into an aged care facility or retirement village. If you plan ahead and fully understand your obligations and responsibilities under the agreement, you will be able to avoid getting nasty surprises later on.

Most retirement villages have a list of rules that all residents must be aware of and follow. These may outline any number of conditions that come with living in your chosen retirement village facility, including (but not limited to):

– whether or not residents are allowed to keep pets;

– if you are able to hang photographs or paintings on the walls in your room; or

– visiting hours for any guests you may have visit you at the facility.

It is important to familiarise yourself with the rules set out by your facility. If you are not familiar with the rules and happen to break a rule without realising it, there may be serious consequences. In some circumstances, your agreement may even be terminated for serious breaches of the rules.

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To speak to an experienced aged care lawyer, contact our friendly team today.

Donna

Tolley

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