Law Talks Episode: Demystifying common misconceptions about transitioning to aged care

Robyn: Good morning and welcome to another edition of 4CRB’s law talks where we breakdown complex legal matters to help you stay informed and empowered.

Today, we’re tackling a topic that affects many people as they plan for their golden years, that being moving into an aged care facility and the common questions and misconceptions associated with residential aged care.

To help us revert some of the misconceptions surrounding transitioning into aged care facilities, we have with us today from Attwood Marshall Lawyers, Wills and Estates Senior Associate and Accredited Aged Care Professional, Larisa Kapur. Larisa is an experienced lawyer who specialises in Wills, elder law, retirement planning and transitioning to aged care.

Welcome, Larisa, and thank you for joining us today.

Larisa: Thank you for having me.

Robyn: Well, let’s dive right in. Is aged care only for people who need constant medical attention?

Larisa: Not at all, Robyn, so aged care services are available for people with various levels of independence, so it’s a spectrum. Some people need daily support with health and personal care while others just want help with household tasks, transportation or social activities.

So, Australian aged care services are designed to support older adults in maintaining their independence and quality of life. So regardless of the level of medical care required and it essentially falls into two categories.

So, one is the home care packages that aged care provides, which is they’re designed to help older adults remain in their own homes by providing supports with you know daily tasks such as personal care, cleaning, meal preparation and transportation.

Then we’ve got, home care can also include like low level health services like nursing visits or medication assistance, but it’s generally intended for those who don’t need continuous medical attention.

Robyn: Sure.

Larisa: And then we’ve got the second category, which is the residential aged care.

So, residential aged care facilities, which are also known as nursing homes, they provide the 24/7 care for residents who need more substantial support, whether for medical reasons or due to challenges with daily living.

So, when someone or some residents need high level nursing care, others may only require assistance with personal care, mobility or social support. And many people enter residential aged care because they need a safer environment or unable to manage independently. Even if they don’t require intensive medical attention, they can still be a candidate for aged care.

Robyn: So that makes a lot of sense. Now let’s move on to the second question and this is one that I hear a lot. Is it true that once you enter aged care, you lose your independence?

Larisa: Oh Robyn, this is a big misconception. So, aged care facilities are designed to support independence, not restrict it, so care plans are tailored to meet each person’s unique needs with the goal of helping them remain as independent as possible and these care plans are filled in with the facility. Now, many residents maintain active, fulfilling lifestyles with plenty of social engagement and recreational activities whilst they’re in the facilities, and while the level of independence can sometimes be affected by the type of care that’s needed, so aged care facilities in Australia are increasingly focused on supporting residents’ autonomy, quality of life and these personal choices.

So, when I think of it, some of the factors to consider would be the aged care facilities plan and support for individual preferences. So many aged care facilities aim to support the residents’ personal preferences, allowing them to make choices about daily activities, meals, routines, and even social interactions.

Staff are often trained to respect the residents wishes and encourage them to stay active in areas they can manage independently, which all kind of promotes that support for individual preferences.

Often there’s also many of the aged care facilities offer social activities, outings and opportunities for engagement, which can actually enhance social independence and reduce isolation for residents, which we know, you know, isolation is one of the problems with our ageing community.

Robyn: It’s a big concern.

Larisa: Absolutely. Residents get to have autonomy in their personal spaces, so they usually have private rooms or personal spaces where they can maintain a sense of ownership and control over their environment.

So even if it’s a communal setting, they’re in coverage to bring personal belongings, decorations and items that reflect their identity and interests, kind of helping them feel at home.

Also, some individuals who are still mobile and mentally sharp, many facilities encourage participation in daily routines, decision-making and self-care as much as possible.

Assistance is offered if needed and many aged care facilities promote a model of supported independence, allowing residents to do what they can while providing help where necessary. They also facilitate access to health and lifestyle programmes, which we see more and more across all facilities.

They provide good access to wellness programs, physical therapy even and lifestyle programmes that encourage mobility, self-care and engagement, supporting residents, physical and mental independence.

Whilst I appreciate that moving into aged care does involve adjusting to a new environment and structure, it doesn’t have to mean a complete loss of independence and a good facility will balance providing all the necessary support with respecting the resident’s autonomy, helping individuals live as independently and actively as possible.

Robyn: OK. And here’s one question, another one that a lot of people have concern over. Do you have to sell your home to enter aged care?

Larisa: Not necessarily. So, while some people choose to sell their home to cover aged care costs, it’s not a requirement and various payment options are available, including, you know, refundable accommodation deposit, also the daily accommodation deposits and so forth.

But this is where financial advisor who particularly specialises in aged care can help families explore the best financial arrangements for their particular situation.

Robyn: OK. And can only wealthy people afford quality aged care?

Larisa: So, in Australia, we’re lucky that aged care is accessible to all Australians from all financial backgrounds.

So, there’s government subsidies available to help cover costs based on income and assets, and with careful planning and possibly some professional financial guidance, families can find quality care options that fit within their means.

And I just want to add, sometimes you’ll have the prestige facilities that people think are out of reach, but they also have a certain quota of low means-tested beds, and you know supported resident beds, that they have to fill.

So, you might have someone who isn’t financially that well off, but they might be in one of these 5-star, expensive facilities and still be offered a place.

Robyn: And is moving into aged care the same as moving into hospital?

Larisa: This is a very common question that we get. So no, because aged care facilities are designed to feel like homes and not hospitals. So, while they do have nursing and medical support available, I think it’s important to note that with the aged care facilities they emphasise homelike environment with comfortable living spaces, gardens, communal dining and activities and many people find the setting welcoming and even comforting, and even to just add to that, with the aged care facilities you are able to bring your own, you know, photos or your own ornaments or, you know, things that make your room feel like your own home. And it does feel homely, particularly opposed to the hospitals.

Robyn: Yeah, I think a lot of particularly elderly people remember the days of the old nursing home that’s changed a lot since then, as you’ve just pointed out, compared to what they remember years ago. And I think that instils a lot of fear in, in many elderly people.

Larisa: I 100% agree and I think it’s important this time to note that the new models are the aged care facilities, instead of looking at it as an aged care facility, let’s look at it as this is your new home that’s suitable to accommodate your care needs.

Robyn: Yeah.

Larisa: And you make this home, which you want it to be. Bring your own pillow, your own linens, your own things. And it can feel very homely.

Robyn: Yeah. OK. Will moving into aged care isolate me from my community and family?

Larisa: Well, quite the opposite actually. So aged care facilities encourage social connections and community engagement. There’s even staff members that are specifically allocated with the job of community engagement. Many facilities host family-friendly events that allow visits and provide opportunities for residents to get involved in the community.

Some even offer transport options for outings so that way residents don’t feel isolated at all.

Robyn: And do I need to wait until I have a serious health issue before considering aged care?

Larisa: Oh this is a very important question and I’m glad you’ve asked it, so it’s better to explore aged care options before a crisis occurs, so planning early gives you and your family more control and time to find a place that just feels right. Waiting until there’s a serious health issue can limit choices and increase a lot of stress, both on the person going into care and family members. So, I guess planning for aged care early can actually help you make informed choices, access the right level of support and maintain independence for as long as possible.

So, here’s why, considering aged care before a health crisis can be extremely beneficial for both the resident and their family.

So aged care services in Australia offer a range of support options so from home care packages to residential aged care. So many people start with the in home support packages which can help with daily tasks, personal care and health management, allowing them to stay in their homes longer and prevent serious health issues that would render, you know an emergency situation.

There’s also more control over decisions by planning early. So, if you start planning ahead, you can choose the type of care that suits you best, whether it’s in home care or residential care. It gives you the control over where and how you receive the support and ensures that the decisions are made based on your preferences, not particularly just out of an emergency situation. It also gives your family time to understand and yourself to understand financial and legal implications, so you might, you know, start preparing for aged care early which allows you to consider, ok, let’s think about the financial planning aspect options. Let’s talk about, you know, your estate planning, your powers of attorney, budgeting for potential costs and exploring even government subsidies.

This can make the transition smoother and help you avoid many rushed decisions. There’s also being better prepared for future needs. So, if your health needs change over time, and early planning allows you to adapt care as your requirements evolve, starting with low level care like you know the home assistance, it can even delay or even prevent the need for more intensive care, you know to come on so quickly. Also, the peace of mind and reduced stress for family and caregivers because you’re involved in this process while there is no crisis event.

Robyn: Yeah, I’m a firm believer in planning.

Larisa: I agree.

Robyn: Now. Is it true that once you’re in aged care, you can’t leave even if your situation improves?

Larisa: Absolutely not. For so many people are afraid of this one look, many people transition to aged care for short term respite or rehabilitation and then return home once they’re ready. Some just need temporary assistance, like after surgery or some sort of illness.

Aged care can be flexible, and services can adapt to changing needs and even if you are in permanent aged care and that facility isn’t the right one for you or your family, you know and you discuss and you need to leave, you can always leave. There is no reason why you cannot leave the facility. It’s just a new home for you, and if it doesn’t tick your criteria, you are able to leave.

Robyn: Good to know. OK, is aged care only for single individuals. What if I want to stay with my spouse?

Larisa: Well, many aged care facilities welcome couples, so you can live together with your spouse if you choose to. This is especially important for couples who want to stay together but have different levels of care needs. So facilities often work to accommodate couples and keep them close. Sometimes that might look like they have one room or a bigger room that they share, or at times, if their care needs are that different, it might mean that you know couples are in the same facility in different rooms and get to spend time together and visit. It just depends what each individual couples circumstances are.

Robyn: Is aged care only about physical health and medical care?

Larisa: So aged care is about supporting all aspects of health and wellbeing, including emotional, social and mental health. So I think it’s important to note that it covers all so many facilities, offer activities like art classes, exercise groups, even social events, discos, you know, concerts and so forth and good facilities have recognised that mental stimulation, social connection and a sense of purpose are essential for the quality of life, and we know that this is part of the Australian aged care system, quality of life and choice and control.

Robyn: Sounds good. Yeah, it’s clear that entering into an aged care facility is not all it’s said to be and can be a positive and flexible experience. If you are thinking of making this transition or are in the process of reviewing a contract, make sure you get some legal advice and thoroughly understand what you’re committing to. Thanks again for joining us. Larisa.

Larisa: Thank you, Robyn for having me.

Robyn: You’ve been listening to law talks here on 4CRB, which you can hear every Friday morning from 9 o’clock.