Aged Care Facilities
Aged Care Facilities are generally known as “hostels” or “nursing homes”. These facilities are regulated by the Commonwealth Government under the Aged Care Act 1997. In an Aged Care Facility residents occupy their hostel, unit or bed in a nursing home in accordance with a Resident Agreement. A Resident Agreement sets out for both the Resident and Operator of the home, what care and services are expected and what will be provided.
Resident Agreements are like a Contract between the Resident and the Operator and as such should be fully understood and the necessary advice obtained prior to signing the document.
Many facilities offer three tiers of accommodation- self care, hostel and nursing home. Many Residents are able to transfer to hostel or nursing home if their health requires, but no guarantees can be given by the Operator that these levels of accommodation will be available at a particular time.
Residential Aged Care places are funded by the Australian Government to assist with the cost of care and accommodation services for eligible people who can no longer live at home because of the effects of ageing, illness or disability. Two levels of residential care are provided: high level care and low level care. High level care provides ongoing twenty four hour nursing care, meals, laundry, cleaning and personal care. Low level care lets you live independently while receiving assistance with meals and laundry and personal care, but does not include the provision of nursing care.
Each person in care may be asked to pay a basic daily care fee and depending on your income you may be asked to pay an additional income tested fee.
If your assets exceed two and a half times the current single basic age pension when you enter a low level care or an extra service home, you may be asked to pay a bond. The bond is an amount agreed between you and the Operator, also if your assets exceed two and half times the current single basic age pension when you enter a high level home, you may be asked to pay an accommodation charge. The charge is calculated on a sliding scale depending on your assets at the time you enter care.
At Bateman Battersby Lawyers Penrith we have acted for many residents when entering into Aged Care Facility Agreements and our experience in these transactions will ensure that your matter is attended to expediently and efficiently in a cost effective manner.