Aged Care Legal Care: What You Need To Know

As families gather during the festive season, many may notice changes in their elderly loved ones. And if you're in this situation, it may prompt discussions about the need for aged care. 

This is often a difficult decision that involves not only emotional considerations, but also legal ones as well. Understanding the legal side of aged care can help you make informed choices. 

Here’s how to navigate this path effectively. 

The importance of legal advice in aged care planning

There are contractual obligations and financial consequences associated with moving into aged care. And it's important to understand what these are.

Talking to a solicitor experienced in aged care law can help you and your family:

Understanding Contracts

Aged care agreements are legally binding contracts. A solicitor can help you review agreements and ensure you understand what your loved one is agreeing to. We talk about the different types of agreement below.

Impact on Estate Planning

Moving into aged care can significantly affect your loved one's estate planning. Decisions about moving into aged care can have long-term implications for your loved one's estate.

This means that it's important to have discussions about the family home and the financial position of your loved one.

Centrelink Considerations

Moving into aged care often changes your loved one's financial circumstances. This may impact their entitlements. It’s therefore essential you seek legal advice prior to making any commitments.

Types of aged care agreements

There are different types of aged care agreements, and it's important you understand what they are:

Resident Agreement

This outlines the: 

• care services provided
• associated costs
• rights and responsibilities of both parties
• conditions for exiting the facility

It should also detail how the facility will adapt to changing needs over time.

Accommodation Agreement

This specifies the living arrangements. This includes room details and payment structures. It’s vital to understand any refund policies related to accommodation fees. 

Extra Services Agreement

This outlines any additional services provided beyond standard care. 

Hidden costs

Many families overlook potential hidden fees in aged care agreements. 

An aged care lawyer can help you identify any hidden fees, so that you're fully aware of what the financial commitments are. It's important to do this before signing any paperwork.

Other essential legal documents

Before your loved one moves into aged care, you should prepare several other legal documents:

• Enduring Power of Attorney. This allows a trusted individual to make financial decisions on behalf of your loved one, if they lose capacity
• Advance Care Directive. If your loved one becomes unable to communicate their wishes, having this directive in place allows their healthcare choices to be respected

​Timing and preparation

Starting the planning process early is crucial. Early preparation allows your family to:

• Explore various options thoroughly
• Involve your loved one in discussions
• Ensure all necessary legal documents are in place before making any commitments

​Next steps

​If you’re considering aged care for a family member:  

1. Consult with a solicitor who specialises in elder law.
2. Gather all relevant financial, medical, and personal information.
3. Discuss your loved one’s wishes openly with family members.
4. Begin preparing necessary legal documents.

The journey into aged care can be daunting. But with the right legal support, your family can navigate this process more smoothly. It's all about ensuring that your loved one receives the best possible care while protecting their interests.

Need aged care legal services?

Get in touch to discuss your aged care requirements today.