º  Retirement Village Contracts
º  Aged Care Facilities
º  Powers of Attorney
º  Appointment of Enduring Guardian


Retirement Village Contracts

The definition of Retirement Village in the relevant legislation specifically excludes Aged Care Facilities.

The documents and contracts relating to accommodation in a Retirement Village can be complex and hard to understand.

Dezarnaulds Basten?s property law team is experienced in reading and interpreting Retirement Village Contracts and in explaining them to our clients. In particular, we can help you understand:

º  What a Retirement Village is
º  The different types of Retirement Village
º  The legal structures (e.g. lease or strata title) and the implications of those structures.
º  The legislation and how it applies to you.
º  What initial entry price you will need to pay when you move in.
º  What recurring service charges you will need to pay during your stay at a Retirement Village
º  The facilities and services that are available at a particular village
º  The levels of care that are provided by a particular village.
º  What fee you will need to pay when you leave the Retirement Village (often called a departure fee or an exit fee)
º  Your rights

We will also check all documentation to ensure that it is in accordance with the Retirement Villages Act 1999.

We understand that the decision to move to a Retirement Village is a significant one and take the time to explain the legal documents to you and to be available to answer your questions.


Aged Care Facility Contracts

Aged Care Facilities are facilities that offer accommodation and aged care to residents who have been assessed as needing such care. They are often referred to as Nursing Homes or Aged Care Hostels.

At Dezarnaulds Basten we understand that the decision to move yourself or a family member into an Aged Care Facility is not an easy one. We can help make the legal side of such a move easier by explaining the documents and the legislation that relate to Aged Care Facilities to you. In particular, we can help you understand:

•  The level of care required (low level or high level).
•  Resident Agreements (the contract you will be asked to sign prior to entering an Aged Care Facility).
•  What initial amounts are payable when moving into an Aged Care Facility including

  º  Accommodation Payments
  º  Accommodation Bond
  º  Accommodation Charge.

•  What daily charges are payable including:

  º  Basic daily care fees
  º  Additional Income tested fees (if applicable)
  º  Additional fees for ?extra service places?

•  What amounts are refunded on departure from an Aged Care Facility (and what amounts will deducted by the Facility)
•  The amount of Government subsidies that may be available under the Aged Care Act 1997.
•  The Assets test
•  Your rights