Legal issues facing seniors in aged care
The decision to move to an aged care facility is probably one of the most difficult decisions you will make in your life, and definitely not one to be taken lightly.
As with any big life change, part of what makes it so daunting is the unknown quality.
We’re going to shine some light on the major legal issues facing Aussie seniors in aged care, so you can understand what your rights and responsibilities as an aged care resident are and where you can go for help if you feel you’re being taken for a ride.
Major concerns facing seniors in aged care residents
The legal needs of older people in NSW, a 2004 report from the Law and Justice Foundation, found the major issues of concerns for seniors in aged care include:
- Complex and confusing contractual and financial arrangements.
- Inadequate access by residents to medical and care records.
- Village mismanagement, investment risk and financial viability of operators.
- Disputes over variation or reduction in village services.
- Abuse and neglect within the nursing home/residential aged care facility
Signing a resident agreement
When you enter an aged care facility you will have to sign a resident agreement which will outline information concerning services, fees, and your resident rights.
These documents are considered a legal agreement between you and your aged care home, so if there’s anything in the document that you don’t understand or are concerned about it’s recommended that you get a family member or lawyer to look it over.
Legislation in the Charter of Care Recipients’ Rights and Responsibilities has been designed to ensure the rights and responsibilities of residents in all aged care homes funded by the Australian Government are protected and the same.
To view the Charter of Care Recipients’ Rights and Responsibilities click here.
How to make a complaint
If you feel as though you’ve been taken for a ride by your aged care facility, there are a number of options you can take in terms of making a complaint.
- A direct complaint to your aged care home. This can be the quickest and most effective way of resolving a dispute, but it can also be quite intimidating.
- Contact the government’s Aged Care Complaints Commissioner directly.
- Contact one of your state’s Aged Care Advocacy Services directly.
Related links:
What are the key mobility issues facing seniors?
What are the main legal issues facing seniors?
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