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Retirement Villages & Aged Care

We can assist existing and proposed residents of aged care facilities and retirement villages, appointed attorneys, guardians and the families of residents with a full suite of support services and advice.

It can be overwhelming considering the requirements to move into full-time residential care or if you wish to take advantage of respite care opportunities. As a potential or existing resident of an Aged Care facility or Retirement Village, we are here to help you (or your family, attorney or guardian).

We understand the needs and concerns and stress at such times and can assist you to ensure that the transition is as seamless as possible. We can also assist if you are looking to make alternative arrangements for your accommodation.

The team at Burke & Associates Lawyers are compassionate about your needs and have the depth of experience in the Retirement Villages and Aged Care sector to provide you with an end-to-end service. We assist existing and proposed new residents in their transition to an aged care facility or retirement village.

We ensure that you, your family, your attorney and/or your guardian understand the legal implications, the costs involved and the practicalities in moving into an Aged Care facility or Retirement Village.

Aged Care
We can assist by advising on your obligations as a resident of an Aged Care facility including explaining, in plain language, the obligations under any Residence & Management Agreement. We can also explain the fees payable including in respect of any refundable accommodation deposit.

Retirement Villages
Purchasing into a Retirement Village can be a complex process. There are different ways in which the acquisition may be structured including purchasing the premises outright or leasing the premises. We are able to advise you on the structure and can assist you to complete the transaction. Again, we can explain, in plain language, the obligations under any Residence & Management Agreement which governs the rules and obligations of a resident in a Retirement Village.

Alternative Options
You may wish your ageing parent to move into a ‘granny flat’ at your existing property. You may wish to loan your parent some money in order to purchase premises in a Retirement Village or to fund a refundable accommodation deposit for an Aged Care facility. We can advise you about the legal protections you should have in place so that such arrangements are clear, transparent and easily understood by the parties and other family members who may be affected by the decisions you make. We can assist in the preparation of documents required to protect the interests of all the family members.

Appointing an Attorney
Legislation enables you to appoint a person to assist you in the management of your financial affairs. We can provide you advice about what is needed, ensure you understand your options and realise the implications of your decisions. We can then assist by preparing the appropriate documents and ensuring they are properly signed and witnessed.

Appointing a Guardian
You may elect to appoint a person who can assist you to make decisions about your accommodation and lifestyle. Again we can provide advice and ensure you understand the nature of such an appointment. When you are certain about how you wish to proceed we can prepare the necessary documents.

Appointing a Medical Treatment Decision Maker
You may elect to appoint a person who can make decisions about what medical treatment you should or should not receive. We can talk through the implications of such an appointment and, when you are comfortable to do so, can prepare the documents and make sure they are properly signed and witnessed.

Making a Will
Our team can talk you through the various options that are available as you consider how you wish to gift your property and belongings. See further information on our website page dedicated to the preparation of Wills.

Assisting residents or potential residents, their family, attorney or guardian in a seamless transition to retirement living or aged care or, reviewing existing arrangements

  • Purchasing premises in a retirement village
  • Leasing premises in a retirement village or aged care facility
  • Advising on Residence & Management Agreements
  • Advising on agreements for aged care
  • Preparing loan documents to finance Refundable Accommodation Deposits (RADs) or other loans
  • Preparing Wills
  • Preparing Enduring Powers of Attorney and guardianship documentation
  • Preparing Appointments of Medical Treatment Decision Makers
  • Preparing family agreements

Our Retirement Villages & Aged Care Lawyers

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been a part owner and director of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does...

Annabel Viner

Special Counsel

Annabel Viner

Special Counsel
Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers.

Margaret Girardi

Senior Associate

Margaret Girardi

Senior Associate
Margaret is a Senior Associate at the firm and practices predominantly in the area of family law.

Stewart Davis

Lawyer

Stewart Davis

Lawyer
As well as property law, Stewart has had exposure to VACT administration matters and commercial law, particularly servicing developer clients.

Shabitha Sumanathasa

Lawyer
She also works in various other areas including litigation, family law and property law.