What are the most complex areas of elder law?

In Australia, the retirement village and aged care sector is currently facing a number of issues that have given rise to complexities surrounding elder law.

These issues include:

Navigating the market

We have an ageing population. In 2007 the median age of Australians was 36.8, by 2056 it will have risen to 45.2 (ABS). The proportion of elderly Australians (over 65) will also increase from 13% to 25% at the same time. Unfortunately, the construction of new aged care facilities has not been in line with our ageing population, which means the market is currently very tight, competitive and expensive.

As a result, there are now only a limited number of spaces available in retirement villages and other aged care facilities, which shifts most of the power into the hands of the facility operators. It is common for operators to put strict eligibility criteria in place to limit the number of applicants.

Our aged care legal services can help you make the right decision, instead of being forced into the wrong one because of market pressures. We’ll also assist you by going over the eligibility criteria of any facility you wish to enter, to ensure you meet it before applying.

Choosing the right option

The needs of our ageing population are changing rapidly. Our ageing population requires specially designed accommodation and unique lifestyle environments. This includes having access to technology, translators and transport. Gone are the days where aged care facilities were considered to be a ‘one-size-fits-all’ solution to accommodate the elderly.

Now, there are a vast number of options to consider when choosing your future accommodation, all of which have their own pros and cons. Due to market pressures mentioned earlier, it’s common for people to choose hastily simply because there has been an opening at a facility.

We help you choose the right option by taking the time to understand your needs, financial standing and lifestyle. We assist you by taking an objective look at all your options to provide you with clear advice, ensuring you choose the best option.

3. Understanding the contract

Aged care facility contracts are more complex than they have ever been. This is a direct result of ever-changing government regulations, taxation and superannuation issues, risk management issues and a rising number of claims. In many cases, moving into an aged care facility has become more complicated than moving into another residence because:

There is an ongoing provision of services that need to be taken into consideration. You (the resident) must pay an ongoing contribution to these costs, similar to paying strata levies.

There is a lot of confusion about the costs involved in moving into a retirement village (or other aged care facility) and what happens to your estate when you leave the village or pass away. Depending on the facility, there are many fees you must take into consideration when moving out that could result in costs ranging from a few thousand dollars to over $100,000.

Our aged care lawyers can assist you by helping you understand the contract’s terms and conditions so you and your family are fully aware of the short-term and long-term implications of any decision you make regarding your future.