Aged Care Agreements: What They Are and Why You Should Review Them
- David Patras
- 4 days ago
- 3 min read
When a person starts receiving aged care services, whether at home or in a residential facility; they are asked to sign an aged care agreement. This agreement is more that just paperwork as it sets out what care will be provided, the cost of it, and the responsibilities of the providers and receivers.
The agreement plays a crucial role as to what the quality of your care experience would be.
This blog will explain what an aged care agreement is, how it is created and why is it important to review it regularly.
What is an Aged Care Agreement?
Aged care agreements are a legal binding document between the care provider and the person receiving the care that specifically outlines the arrangement between a person receiving care and the service provider such as, what care and services will be provide, what the fees would be, rights and responsibilities of both the service provider and the person receiving the care/services, and the termination clause.
Who Needs This Agreement and When?
Anyone receiving Residential Aged Care or Home Care services in Australia needs an agreement with the service provider before the arrangement begins, as required under the Aged Care Act 1997, for the protection of older people’s rights.
How are these Agreements made and what the requirements for them are?
The service providers are responsible for the preparation of the agreement, but it is important that the recipient or someone they trust reads the agreement carefully before signing and negotiate the terms of the agreement.
Key steps in creating an agreement include:
· Initial discussion with the recipient or the representative of the recipient about the care requirement, preferences and financial arrangements.
· Agreement draft in clear and easy to read language
· Review of the agreement by the recipient or the representative of the recipient such as a family member, friend or a lawyer
· Signing of the agreement after both the parties are satisfied with the terms of the agreement
Why is the review of the agreement important?
Age care agreement reviews are important as care requires change over time and with change in the care, the agreement would require to be reviewed and updated. Regular reviews help ensure that the care being provided still meets the requirements of the recipient and that all costs and services are up to date.
A care receiver might need a review of the agreement if:
· There is change in the health conditions of the recipient
· New services are needed
· Fees are updated
Rights of the recipient
A person receiving the care has the right to:
· Be involved in care planning and decision making
· Ask questions and seek clarification related to the agreement
· Ask for changes to the agreement
· Get support from a lawyer
Conclusion
Aged care agreements are an important part of starting and managing aged care services as they clearly explain what to expect and help protect the rights of older people. These kinds of agreements are not a one-time document and should be reviewed regularly to make sure that the recipient’s needs are met. Our firm can assist you in reviewing your agreements and letting you know your rights.
Need to know more: Our team is here to help, Contact Bespoke Legal Group on 07 56200558 to discuss.
This article is provided for general information purposes only. Its content is current at the date of publication. It is not legal advice and is not tailored to meet your individual needs. You should obtain specialist advice based on your specific circumstances before taking any action concerning the matters discussed in this article.
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