Managing Legal Needs in Elderly Care: Aged Care Lawyers

As a leading law firm, our Brisbane team has the local knowledge and industry expertise to represent your best interests as you transition into your next life stage.

Being prepared and making the appropriate decisions when entering an aged care facility can be emotional and require using aged care legal services. Our team members have the skills to advise on Aged Care residential care agreements. They can assist you in recognising your obligations and entry and exit procedures. 

When you or your parents face many options for your ongoing care, our Aged Care Lawyers can help you make an intelligent choice regarding aged care facilities.

Nursing Homes

Suitability and Services

An aged care or nursing home facility is more appropriate for those who require more assistance or cannot live independently. These facilities typically have round-the-clock emergency care available. Furthermore, they provide everyday services for residents, such as personal hygiene (showering, toileting) and feeding assistance for those unable to complete these chores.

Aged Care Assessment

Before engaging in an aged care agreement, an Aged Care Assessment (or ACAT) is conducted to establish the care needed. Firstly, this is an essential step in determining which facility will best meet your needs. Additionally, it is prudent to consider what level of care may be required in the long term. This ensures that the facility chosen can accommodate changing needs and, consequently, eliminate the need to relocate to another facility at a later date.

Financial Considerations

In addition to considering the quality of care that may be offered, it is also vital to consider the financial aspect to ensure suitability for your financial situation. You must pay an accommodation payment in addition to your essential daily cost and daily care fee.

There are numerous additional expenses for residential aged care facilities, usually based on your financial condition. This is vital to discuss when you search for various facility possibilities. These payments help cover the costs of everyday life, additional care, and lodging. Some aged care homes are means-tested, meaning the required financial contribution varies depending on your income, assets, and government subsidies.

Residential Care Agreement

Generally, an aged care facility or nursing home will require the resident to sign a ‘Residential Care Agreement’ (RCA). This agreement outlines both parties’ rights and obligations, the intended date of arrival, and whether any additional services are required.

The agreement often includes a 14-day cooling-off period in which you can change your mind after signing.

Payment Options

Once you have signed the RCA, you will have 28 days to choose a payment option for the accommodation cost. Different facilities offer different payment options, including:

1. A lump sum or refundable accommodation amount (Refundable Accommodation Contribution (RAC) (if government assistance is provided) or Refundable Accommodation Deposit (RAD) (if self-funded);
2. A rental-style daily payment (a daily accommodation charge) (Daily Accommodation Contribution (DAC) (if the government assists) or Daily Accommodation Payment (DAP) (if you self-fund);
3. A combination of the two alternatives (for example, a $150,000 refundable lump sum plus the remaining in tiny, non-refundable daily instalments).

If you have paid a RAC, the facility usually reimburses your payment within 14 days of your departure or, if you die, within 14 days of your estate receiving a Grant of Probate of your Will.

Legal Guidance

As you can see, the decision to enter an elderly care facility involves numerous documentation, agreements, fees, and other factors.

An elder care lawyer is knowledgeable in this field and can offer you and your family professional advice on facility agreements before you sign them, as well as guidance on estate planning and the maze of requirements involved in entering an aged care facility or nursing home.

Source: Accommodation payments and contributions for residential aged care

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Role of an Attorney in Elderly Care

A lawyer with experience in elder care assists in handling legal matters about the protection and care of senior citizens. They can manage legal disputes, create trusts, and form wills. Their knowledge is crucial for controlling the highly complex field of elder law and ensuring that older people get the respect and care they are due.

Finding Aged Care Facilities Near Me

Families often begin their search for elderly care institutions near them. While proximity is crucial, individuals should also consider other factors. Assessing the level of care, personnel qualifications, and facility amenities is critical. Aged care lawyers can offer information and advice on analysing and selecting the appropriate facility for your needs.

Elder Law & Superannuation Advice

Australia’s superannuation system has been developed to assist people in managing their finances and affairs for as long as possible. Individuals may need assistance in operating the highly regulated system independently. Our Brisbane elder law and superannuation lawyers offer aged care advice and representation in all superannuation situations.

We work with clients across Brisbane, the Gold Coast, and the Sunshine Coast to ensure you can access your money and benefits when needed.

Our Brisbane elder law solicitors and aged care lawyers can represent you in any superannuation problem, including:

• Helping customers access their funds and benefits
• Managing and gaining access to funds under self-management
• Superannuation grievances tribunal cases
• Binding death nominations
• For self-managed superfunds, trust deeds

Contact our Brisbane Aged Care Lawyers.

Getting an early start on retirement planning ensures that you have decades to enjoy the following stages of your life. Aylward Game Solicitors’ aged care lawyers advise and support clients from Brisbane, the Gold Coast, and the Sunshine Coast on elder law issues.

Contact our expert Brisbane elder law solicitors immediately to book an appointment and start planning for the future.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

FAQs:

Where can I get more information about Brisbane’s aged care options?

Visit “My Aged Care” to learn about the many types of care offered, how the assessment process works, and who your local aged care providers are. You can find out if you’re eligible and request an aged care assessment online by completing a 15-minute questionnaire.

Are there necessary residence rules?

Most retirement villages have a set of regulations that everyone must be aware of and observe. These could include (but are not limited to):

Whether or not residents can keep pets: If you can display photographs or paintings on your room’s walls, Please provide visiting hours for guests visiting your facility.

You must become familiar with the rules established by your facility. If you are unfamiliar with the regulations and unintentionally breach one, the consequences could be severe. Sometimes, your agreement may be cancelled for significant violations of the terms.

What does an aged care lawyer do?

An aged care lawyer actively addresses legal concerns affecting the elderly, including creating aged care agreements, resolving disputes, and preserving the legal rights of older individuals.

How does an aged care lawyer assist with residential aged care facilities?

Elderly care lawyers can examine and negotiate agreements for elderly care. Moreover, they check that the facility fulfils legal standards and, additionally, help with any issues that may develop during the stay.