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The Resident Agreement
Moving into an aged care home establishes a personal relationship between you and the management of the home. It also establishes a legal relationship.The legal aspects of your relationship are generally expressed in a resident agreement.
What is the Resident Agreement?
A resident agreement is a legal agreement between you and the aged care home, and should be offered to you before you move in.If you choose to enter into an agreement, you don’t have to sign it at the time it is offered. However, if you are eligible to pay an accommodation bond (more information) or an accommodation charge (more information), the resident agreement must be signed within 21 days of entering the aged care home.
A resident agreement sets out a resident’s rights and obligations, and the rights and obligations of the manager of the aged care home. The agreement should include:
- the type of care provided (low-level care or high-level care)
- the circumstances in which the resident may be asked to leave the home
- the amount of the accommodation bond or charge and daily fees, and
- if entering an extra service (more information) home, the extra services provided and associated costs.
Related topic: Security of tenure
Related topic: What will I pay?
At the time of discussing the resident agreement, ask the home about the care and services that will be provided to you at no additional cost. These specified care and services must be provided to all residents at no additional cost, with additional requirements for high care residents.
Read more: Care and services you can expect
Any variations to the agreement must only be made with both the resident’s consent and the consent of the home’s manager. To terminate the agreement, the resident should give the home’s manager seven days written notice of their intention.
Before you sign
We strongly recommend you seek advice before signing the resident agreement, as it is a legally binding document which sets out:- what the business or organisation running the aged care home will provide for you, and
- what your obligations to the management will be.
If you change your mind after signing the agreement, you should advise your aged care home in writing within 14 days. If you paid any amounts under the agreement, these must be refunded to you, except for your care fees and charges (more information) from the agreed date of entry up to the time you withdrew from the agreement.
Your rights
You cannot be asked to pay an accommodation charge or bond unless you have entered into an agreement with an aged care home.If you are paying an accommodation charge or bond, the agreement should include the amount of the charge or bond paid, and the interest that will be charged.
If you are physically unable to sign the agreement, but can understand it and you are willing to sign, you may ask someone with legal authority, such as a person with power of attorney, to sign on your behalf.
The manager of the aged care home has a responsibility to explain, and help you to understand, all the terms of the agreement being offered. If you need an interpreter, you may contact one by telephoning the Translating and Interpreting Service (TIS) on 13 14 50 (this service incurs a charge).
Respite care
A resident agreement for respite care (more information) should also be offered before moving in. As in the case of longer-term care, the resident agreement sets out rights and obligations, and the rights and obligations of the manager of the aged care home. It should also include:- details of any respite booking fee, and
- the dates on which respite care is to be provided.
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