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Aged Care Retirement Contracts

With an aging population, downsizing and moving out of the family home is often at the top of the list of matters to consider.

Are you considering moving into a Retirement Village and need advice on a Retirement Village Contract? They are not simple documents and contain complex legal terms and fee structures.  It is important that you and your family members understand the terms of the contract which detail the rights and obligations of both the resident and the retirement village operator.

Legal Advice Before Signing A Contract With A Retirement Village

By obtaining legal advice before you sign a contract, we can ensure that you are aware of your contractual obligations, as these may differ between types of Retirement Villages. The retirement village operator is required to provide you with a number of documents including a disclosure statement that summarises important information in relation to the resident contract which we will discuss with you.

When considering a retirement village you will need to consider what type of village will suit your needs as some offer more independent living units and others more supported units within the village.  Different obligations and charges arise within the different forms of occupation and we can help you identify the differences. Significant prices are paid by residents to move into a village depending on their size, accommodation and the services they offer. It is important that you seek legal advice on the fees and charges prior to and whilst residing in a village, ongoing monthly fees, repairs and maintenance. Exit entitlements on the termination of the agreement and the options available for reselling the unit also vary significantly between villages and you need to understand these matters. What happens if you are having second thoughts after signing a Retirement Villages Contract? We can advise you on your cooling off rights.

Residents Accommodation Agreements in Aged Care Homes

Similarly, Residents Accommodation Agreements in Aged Care Homes are legally binding documents which detail the services a resident will receive, the fees and charges paid and the rights and responsibilities of you as a resident, the care and other services you will receive, the policies and practices of the facility and the Aged Care Home responsibilities to you as a resident.  Aged Care Homes can be privately owned or run by not for profit organisations or churches and you need to be aware of the various fees and payments. We can assist you or your family members and carers to ensure that you properly understand the terms of the contract.

Residents Accommodation Agreements can provide accommodation price options, whether by lump sum, rental or a combination of both and we can assist you with identifying your specific requirements depending on your needs and financial means, as you may be entitled to a Government Subsidy towards your care and accommodation depending on your income and assets.

We can also give you advice in relation to withdrawing from or cancelling the Residents Accommodation Agreements

Should you only have short term care needs, you are still required to sign a Resident Agreement for Respite Care Agreement and we can also provide advice to you with respect to your obligations under such agreements.

For further information contact our expert solicitors at Websters Lawyers.

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*Please note: Websters lawyers is a South Australian based law firm, handling matters exclusive to South Australia, with offices located in Adelaide, Ridgehaven and Smithfield.

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