Elder Law
Legal Issues
-Accommodation

The primary consideration is the type of accommodation, you choose for either yourself, your parents, or other close friends or relatives. There are several different types of accommodation, available as you age, and, dependent on your choice, most types of accommodation are controlled and regulated by different legislative provisions. The accommodation options available as you age are:

Strata Unit,

Retirement Village,

Aged Residential Care, or

Granny Flat.

The other consideration is your ability to make the decision, and, the options available, if you, or others you care for, are unable to.

It is not an easy time when you or some other person close to you have to leave their home because they can no longer maintain it, or for other reasons. However, it is important to know the options that exist.

Below is a discussion on the accommodation options that are available as you, or others close to you, age, and the legal issues in Elder Law, arising, with links to other sites providing more information.

Accommodation

At some time or other, you, or your loved ones, may have to seriously consider whether you, or them, can continue living in the present home. It could be for any reason.

Most of us will be able to make the decision to move for ourselves, but, for some, that option does not exist. This raises other issues of Elder Law that will be considered after a look at the various accommodation options.

Strata Unit

You may decide to downsize to a strata unit, which will be much easier to manage. It is noted, that some retirement villages offer the purchase of a strata unit, as the means of entry. Strata living has its own rules, and if you have never lived in a strata unit, it is a good idea to know what to expect before buying into one.

You can get a brochure on Strata living from Fair Trading, or click this link to read it on line, or print it out.

Retirement Village

If you are over 55, and/or, have retired from full time employment, you may consider moving to a retirement village.

This is a personal choice!

There are several types of options available for entry to retirement villages. The usual choices are:

The purchase of a unit or partly attached housing in a Village,

The purchase of a Leasehold, or

An interest free loan to the Village.

The type of accommodation, will be dependent on the choice of entry, which will also be dictated by your financial means. In addition to the entry costs, there will be the regular payment of fees and charges to the maintenance and provision of services within the Village.

All of the above options will also involve reimbursement of the capital investment to you, or your estate, when you vacate. This is achieved by the selling of your accommodation rights to own or lease the unit or room, to another person.

In addition, there will usually be provisions providing for part of any capital growth, on the sale of this right, to be paid to the Retirement Village.

It is important to carefully consider the agreement in regard to these issues, when entering into a Retirement Village. You should seek legal advice if you do not have a clear understanding of its terms.

In elder law, if you decide to enter into a Retirement Village, your rights, and the rights of the Retirement Village owner, are governed by the Retirement Villages Act.

If you would like to read more about retirement village rules, your rights, and the owner's obligations, click this link to the legislation.

Aged Residential Care

The above options are only available in Elder Law, if you are in good health and able to look after yourself. If you are unable to look after yourself, and there is no-one else who can, the only choice may be residential care in an aged care home.

This form of accommodation is provided within many, but not all Retirement Villages.

There is usually a cost for this form of accommodation, called an accommodation bond, which is determined by the value of your assets. This bond will be re-imbursed to you or your estate on departure from the accommodation.

If you would like to find out the fee schedules and obtain fact sheets on accommodation bonds, click this link.

Granny Flat

This is the one area in Elder Law where there is no real legislation to protect your rights. It usually involves the contribution to a family member, or close friend's, home and building, or moving into a granny flat attached to their home.

Your rights, in the absence of a written agreement, will be based on principles in Equity. If there is a dispute, you will have to start an action in the Supreme Court, and it could cost you a lot of money.

Before buying into a granny flat, it is strongly advised that you seek proper legal advice. Such arrangements should also be in writing, to protect your interests, and minimise the costs of going to Court, if something should go wrong.

So, What Happens If You, or Someone Close To You Is Incapable of Making the Decision?

If you, or your close friend or relative, is incapable of making the decision, or unable to sign the necessary documents, someone has to. To ensure that person has the full power to make all the necessary decisions, there should be an Enduring power of Attorney, and, an Appointment of Enduring Guardian. Each has their specific function.

If these documents have not been created, you, or someone on your behalf, is able to get the power to make these decisions. It is not impossible, but it involves an application to the Guardianship Tribunal and, a lot of running about, at usually, a most stressful time.

Whereas, with a little planning, whilst you are mentally and physically capable, you can create the documents and appoint the power to the people you trust, in a legally binding way.

The creation of these documents in Elder Law involves decision making in the area of personal law. Click this link for a discussion on these documents.

Phone 02-4332 1055    Fax 02-4333 5144