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Our Placement Coordinators will:

* Assist you to select the most suitable home

* Arrange tours of homes in your preferred times

* Negotiate the accommodation bond and extra service fees.

We receive valuable feedback about aged care homes from families that we have helped. We combine that with current vacancies, and your family requirements, so that we are able to find you the best solution, in the shortest time frame.

Making sure that the transition from home to aged care is a positive experience.

reviewed
12 July 2010
 


Accommodation Bonds - Law Institute of Victoria (LIV) Submission

The following is an extract about a submission which has been made by the Law Institute of Victoria to amend the Aged Care Act 1997 in relation to when an aged care operator does not enter into a residential care agreement with a resident within 21 days after admissiom.

Aged Care Connect is in communication with the Law Institute of Victoria and will provide an update about the submission as soon as a result has been obtained.

Accommodation Bonds under the Aged Care Act 1997 - 9th January 2009

Summary: The Law Institute of Victoria (LIV) proposes the following:

* That extensive education be provided to the community regarding aged care services and residents' rights and responsibilities when considering moving into residential care with particular emphasis on financial arrangements including accommodation bonds.

* That the Act be amended to require providers to recommend to prospective residents (or their representatives) that they obtain independent legal advice prior to agreeing to pay a bond.

* That the Act ensures adequate protections for residents in circumstances where, even if aware of their rights, residents are unwilling to exercise them, for example, the right to negotiate bond amounts. This could be due to fear of being turned away from aged care accommodation in a situation where Australia's population is rapidly ageing and there is an undersupply of such accommodation.

* That providers be required under legislation to disclose all relevant information regarding accommodation bonds, including the maximum amount of bond a resident may be asked to pay and a resident's right to negotiate their bond, to empower residents to make informed choices.

* That the Act clarifies contractual issues in relation to accommodation bonds. In particular:

(a) Where no enforceable agreement (whether written or oral) is entered into regarding payment of a bond prior to the resident's entry into residential care, there is no liability for the resident to pay any bond. This point should be made clear in the Act and followed by the Scheme; and

(b) That the Act be amended to provide that if an "accommodation bond agreement" is not entered into before or within 21 days after entry, there is no liability for the resident to pay any bond, that is, that no bond is payable where the provider has failed to comply with section 57-2(1)(e).

In situations where a common law contract existed, it is arguable that the common law contract has been varied due to the provider's failure to fulfil its statutory obligations and, therefore, there is no valid contract. In that event, there would be no requirement for the resident to pay any bond. * That the Act clarifies the consequences for providers who fail to comply with other accommodation bond obligations under the Act.

Currently, the Department does not necessarily act upon failures by providers to comply with these obligations or compel providers to pay refunds to residents.

On this basis, the LIV proposes an amendment to the Act that states that if the provider does not comply with the bond rules, it is not permitted to charge a bond.

* That the Act be amended to enable the Scheme to deal with minor non-compliance issues by providers, for example, situations where there are no serious consequences and which did not result from bad faith.

* That the Scheme determines financial disputes not only by reference to whether the type and amount of the payment in question comes within the scope of the Act, but also considers all facts relevant to the complaint such as whether there was any contractual obligation to make the payment in question or any misrepresentation.

* That interest rates a provider is permitted to charge a resident if the bond is not paid in full on the day of entry be lowered to the equivalent of the commercial rate.

* That the Act be amended so that where the net value of a resident's assets when realised is less than their value or estimated value at the time of entry, the provider is required to reduce the bond to an amount that would leave the resident with at least the relevant minimum permissible asset value.

Download the submission (PDF, 250kb)

Queries regarding this submission should be directed to:

Contact: Téa Paris
Legal Policy & Practice
Law Institute of Victoria

Phone: (03) 9607 9489



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Family Testimonials

Thanks for your assistance with helping us find a great place for mum and dad. kind regards.
S. Meurs (12 Jul 10)
Mum is now accepting her lot - that's the best I can hope for at present. You guy's did a great job - having people who know the business acting for us made a world of difference.
Martin K.(27 May 09)
On behalf of Mum and myself - Thank you for your invaluable help at what was a very difficult time. Mum is overjoyed that her place has been confirmed. She is looking forward to many happy years there
Jan C. (9 Feb 09)
Patricia, Noel, Colleen and myself are very grateful of your assistance in placement of Mrs Jennings in an ideal home and location. Please accept our gratitude from the family
Alan J. (28 Oct 08)
I am really impressed with the aged care home you recommended and extremely happy with the placement. I visited my mum today and for the first time she seemed back to her bright self, good skin, bright eyes, pretty blouse and fresh lipstick!! Mum commented that the staff are lovely and extremely helpful and 'the food is good'. She has found a buddy and hopefully this is a turnaround point for her. Thanks again to both of you for your help.
Dianne M. (24 Mar 08)

Many thanks for making a potentially difficult time a positive experience for all of us
Sue and Steve (8 Jan 08)

Thank you for all your help. I would not have had a hope all on my own. I hope Brian settles in well, he should do so. Thanks again, Mrs Carmel T.
(12 Aug 07)


Your assistance in locating a place for my mum where she lives and then negotiating with the aged care facility was such a relief for me and very much appreciated. Also, your advice in relation to the costs when entering low care, as well as providing referrals to applicable financial advisors, has been invaluable
Mrs Rhondda J. (16 Feb 07)

 

Contact our Placement Team
Aged Care Placement Hotline : 1300 884 850
Please no CV's or Resumes - We only do one thing - find placement for elderly loved ones
placements@agedcareconnect.com.au
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Aged Care Connect Pty Ltd - (ABN 36 102 500 907)