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Tag: parents

Retirement Homes & Aged Care Facilities

You may be thinking it’s time for you or someone you love to move into a Retirement Village or Aged Care Facility. We can assist you and advise you in relation to the process and steps to be taken depending on whether you are considering a:-

  1. Retirement Village;
  2. Residential Aged Care Facility;
  3. Manufactured Home; or
  4. Serviced Apartment.

The type of accommodation you choose will depend on many things including your assets, income, health, social needs, lifestyle and location.

The advice we provide

Each type of accommodation has its own set of forms and disclosure which must be provided to you before you enter into any contract. Once you have made your decision as to the type of accommodation you prefer, we can review these documents and advise you in relation to such matters as the initial payment you must make, the ongoing fees you will have to pay, the conditions attaching to your right to live in the accommodation, what will happen to any Refundable Accommodation Deposit or Ingoing Contribution when you leave the accommodation or upon your death.

Depending on the type of accommodation you may purchase a right to live in a Residential Aged Care Facility and pay a Refundable Accommodation Deposit and/or a Daily Accommodation Payment, or enter into a lease to live in a Serviced Apartment and pay an Ingoing Contribution, or purchase a home in a Retirement Village and pay an Ingoing Contribution.

The main difference between an Ingoing Contribution and a Refundable Accommodation Deposit is that an Ingoing Contribution is not returned in full to you when you vacate or upon your passing whereas a Refundable Accommodation Deposit is fully refunded to you when you vacate or to your estate upon your passing.

The terms of the lease or licence which the accommodation owner or operator requires you to sign before you take up occupancy may be of concern to you. A usual term of a lease or licence is that you must vacate if your health deteriorates and the accommodation owner or operator is not satisfied that you are safe in the accommodation.

When you are ready to sign the relevant forms, we can witness your execution of the forms and return the forms to the accommodation operator or their solicitor. We will then liaise with the accommodation operator or their solicitor to ensure a smooth settlement.

Need to sell your own home?

If you need to sell your own home in order to raise funds we are able to provide you with advice on that aspect and provide you with our conveyancing services. We will then keep the accommodation operator or their solicitor informed as to the progress of your sale. Once you are ready to complete settlement of the sale of your home then we can arrange for part of your sale proceeds to be paid to the accommodation operator ensuring that you may move into your accommodation on the same day.

We are here to help

If you are thinking it is time for you or a loved one to move into a Retirement Village or Aged Care Facility, please call our office on 3267 8066 to make an appointment.

Breakdown of the Family and Children

When parents split up the paramount concern is the welfare of the children

When a relationship breaks down and the parties have children under the age of 18 years the parties are provided with free, or reduced cost, assistance by a Federal Government Family Relationship Centre. The Family Relationship Centre will assist the parties to reach an agreement for the welfare and care of their children. This also means assistance in deciding how much time the child or children will reside overnight with each parent.

The time a child spends with his or her parents is taken into account when the Department of Human Services calculates the monthly child maintenance payments of each parent.

What if the Family Relationship Centre can’t help?

Sometimes the Family Relationship Centre is unable to bring the parents to an agreement. An experienced family lawyer will then seek to engage a private, child-focused counsellor to interview the parties, the children, school teachers and other relevant persons including medical practitioners.

The counsellor will then provide a written report for the parties and which report will set out the recommended parenting plan for the parents to follow.

By obtaining such a report, which is called a Family Report, the parties may be saved from the significant cost of a Judge making a decision, and more importantly, save the impact of being involved in a Court trial.

What can you do following a breakup?

Parents will be wise to enrol in a parenting course which will help them understand and react appropriately to the children following the breakup of their family.

It is important to listen to the wishes of the children, and bearing that in mind, not all children handle a week about arrangement as well as other children. There is no legal requirement that they do so. The Court recognises that the child or children spend significant time with both parents.

With a focus on the future welfare of the children, it is our role as solicitors to help you navigate towards a resolution with the other parent, with as little dispute as possible.
As lawyers, we will advise you on what you can and should do depending on your individual circumstances. If you need advice, please call our office on 3267 8066 to make an appointment.