Our team regularly works with future residents of retirement villages and aged care facilities. We assist prospective residents to navigate critical contracts, laws, and related conveyancing processes.
Our expertise also extends to helping owners and operators of retirement villages overcome the challenges related to property acquisition within or of retirement villages, property development, and the management of care facilities.
Buying into a retirement home as a resident
Making the decision to move into an aged care facility or a retirement village is monumental. Often, the decision may come during a time of stress or uncertainty, due to the passing of a spouse, a decline in health, or no longer feeling content or secure in the family home as an empty nester.
The move might be prompted by financial reasons, or being unable to live independently, or expecting to need a greater level of care in the future. Regardless of the reason for the change, the process can involve a complex consideration of legal matters, from the review and approval of residential aged care contracts to the arrangement of ongoing contributions, and, often, the sale of a primary residence at the same time.
Should I have the Management Contract checked before I sign?
Yes, we always recommend you obtain advice before you sign. Agreements between villages can vary, and terms offered in one village may differ substantially to what is contained in your agreement. It is best to make sure you understand the upfront costs and ongoing fees for your property.
We can explain the difference between the various legal structures for aged care.
Mandatory 21-day disclosure period
Villages are legally obligated to give you 21 days to consider the agreement from the date you receive the disclosure documents, before you are allowed to sign. During this time is the perfect opportunity to obtain advice and make sure you understand what you are signing.
Further, the village must broadly abide by the regulations to:
- provide you with an information factsheet, to assist you with comparing different options;
- provide an example contract detailing the costs of moving in, leaving and living in the unit. This document will include examples of exit fee calculations to help you understand how much you may have deducted from your ingoing contribution when you leave the village; and
- make sure documents are available for you to inspect, such as site plans.
Our team can assist in making sure you have received the proper disclosures above so you can make an informed decision about the facility.
The importance of having robust residential agreements
Residential agreements must meet the specific needs and preferences of both residents and operators, addressing key considerations such as the rights and responsibilities of each party, financial arrangements, dispute resolution mechanisms, and any unique provisions pertinent to the particular facility.
Our experienced advisors strive to create clear, transparent and fair residential agreements that contribute to positive and harmonious living environments for residents.
Speak with a lawyer.
Serena Ding.
Principal.
- Property, Business & Public Notary
- 03 9890 3321
- Email Address: s.ding@robinsongill.com.au
Kelly Brown.
Associate.
- Property and Wills & Estates
- 03 9890 3321
- Email Address: k.brown@robinsongill.com.au
Assisting clients looking to purchase senior living facilities.
Our team has experience working with clients looking to purchase aged care facilities or retirement villages, whether via the acquisition of individual facilities, entire portfolios, or shares in existing entities.
In instances where the acquisition involves leased properties or contractual agreements, we undertake a thorough review and advise on lease terms, supplier contracts, and other relevant agreements to safeguard our client's interests.
Our advice in this specific area comprehensively covers significant transitional elements which are unique to this sector, including employee matters, resident contracts and other operational considerations to ensure a smooth transition.
Whether you are considering moving into a retirement village or aged care home, or looking to purchase or develop an aged care facility, the team at Robinson Gill Lawyers can help you protect your interests.