The Law Handbook 2024

Chapter 9.2: Legal issues affecting older people 893 • to consider the views and wishes of a child; • to protect and promote an Aboriginal child’s cultural and spiritual identity. Going into residential care and selling a home Commonly, when an older person goes to live in a residential aged-care facility, their home is assessed as an asset and is sold to pay the refundable bond or deposit of the aged-care facility. Section 44.26A of the Aged Care Act 1997 (Cth) outlines how the value of a person’s assets is to be assessed for the purpose of determining the aged-care facility’s fees (e.g. the bond or deposit and ongoing fees). For older people who own their home, the value of their home is to be disregarded if, at the time of the person going into care, their home was occupied: • by the older person’s partner or dependent child; • by a carer who had occupied the home for the past two years, and who was eligible to receive an income support payment at the time; • by a close relation of the older person who had occupied the home for the past five years, and who was eligible to receive an income support payment at the time. Therefore, in instances where an adult child with a disability is living with a parent – and has been for five years or more, and the adult child receives an income support payment – the home should not be included as an asset. For parents of adults with disability who are living at home, specialist advice may be required about planning for when a parent goes to live in an aged-care facility. Other legal issues affecting older people Other legal issues affecting older people include: • guardianship – see Chapter 8.5: Guardianship and medical treatment; • powers of attorney – see Chapter 8.6: Understanding powers of attorney; • wills and estates – see Chapter 9.3: Wills and Chapter 9.4: Estates. Contacts Aged care Australian Government Aged Care Quality and Safety Commission Tel: 1800 951 822 Email: info@agedcarequality.gov.au Web: www.agedcarequality.gov.au Through the commission, anyone can raise their concerns about the quality of care or services that are subsidised by the Australian Government. Australian Government Department of Health and Aged Care Tel: 1800 020 103; (02) 6289 1555 Web: www.health.gov.au Centrelink – line for older Australians Tel: 13 23 00 Web: www.servicesaustralia.gov.au/financial-information- service; and www.servicesaustralia.gov.au/phone-us?cont ext=26266#olderaustralians Consumer Affairs Victoria (CAV) Tel: 1300 558 181 Web: www.consumer.vic.gov.au Council on the Ageing Care Finders Tel: 1300 135 090 Email: carefinder@cotavic.org.au Web: www.cotavic.org.au/our-programs/care-finder/ Care Finders supports vulnerable older people who would not be able to arrange services without intensive support and who do not have a family member or friend who can help. Dispute Settlement Centre of Victoria (DSCV) Tel: 1300 372 888 Web: www.disputes.vic.gov.au The DSCV deals with disputes in retirement villages between residents, and between a resident and an operator. It has temporarily closed its phone line, but it can still be contacted via its online form. Elder Rights Advocacy (ERA) Tel: 9602 3066; 1800 700 600 Email: era@era.asn.au Web: https://era.asn.au ERA is a free service that provides advocacy for people receiving residential and home care programs sponsored by the Australian Government.