Before a resident goes into home care, they receive a heritage form assessed by Centrelink or the Department of Veterans` Affairs on behalf of the Department of Health and Age. Assets include real estate, stocks, household content and personal items, etc. The value of household contents and personal items is set at $5,000 in the absence of another assessment: s21.15 of the Principles of Resident Subsidiarity. A care contract should be offered to the licensed provider prior to the entry of the home care recipient. The terms of the agreement are defined by the Age Care Act (ACA). However, since this is an agreement and the agreement must allow the parties to be on an equal footing, the conditions are not limited by the ACA and it is always possible to make additional proposals and agreements that, if concluded, must be integrated. If you are not sure about the pension agreement, seek independent advice from a lawyer who understands the Seniors Care Act. There is little doubt that our population is aging. One consequence is the increase in the number of older people who, in their later years, are cared for, either at home or through home care. ROB PHILLIPS is a single practitioner who works on legal issues affecting the elderly and is a member of the ELDER RIGHT COMMITTEE. He is a member of the VCAT and the Mental Health Review Board, has organized seminars on villages for the elderly and is the author of the upcoming book “Older Residents and the Law – Housing, Care Options and Legal Issues in Victoria”, published by the Victoria Law Foundation. This article is based on the chapter on home old age care in this book. The Aged Care Act of 1997 (Law) requires a claimant to provide a accommodation or residence contract (agreement) to all potential residents or their representatives before entering into care.
The contract must stipulate that the person must pay the payment of the accommodation or accommodation contribution through daily payments (DAP), a refundable down payment (RAD) or a combination of both within 28 days of entry. If a accommodation obligation is not paid when the resident enters the retirement home, the licensed provider may collect interest. The amount of interest is generally included in the resident agreement. This amount is payable from the day the loan is paid. If the resident withdraws within two months, the interest is still due for a period of two months: s57.18 of the law.