Aged Care: Granny Flats and Home Care

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In 2015-2016, over 1.3 million people in Australia received aged care in its various forms. By 2050, an expected 3.5 million people will receive aged care in Australia. Many older people are opting for granny flat and home care arrangements in preference to residential aged care.

Granny Flat Arrangements

Navigating this complex emerging area of law can be a challenging task. The laws and regulations can vary depending on the State you reside in. If you are considering a granny flat arrangement, you will need to understand:

  • the regulatory restrictions and requirements in this area;
  • how Capital Gains Tax (CGT) may apply;
  • transfer (stamp) duty implications; and
  • GST implications.

Importantly, how your granny flat arrangement is structured will determine whether there is an impact on your aged pension entitlement.

From an estate planning point of view, there are many factors that need to be considered and dealt with. These can easily turn into complex issues that may have far-reaching implications.

Home Care Arrangements

There are many different kinds of Home Care Services. These include:

  • Commonwealth Home Support Programme;
  • Home Care Packages;
  • DVA Home Care and Community Nursing; and
  • Private Care

Understanding the different types of services available, the number of hours per week which are available per service, and the cost per hour of these services, is important and allows you to make an informed decision in relation to your care. Our lawyers specialising in Elder law can assist you in this area.

Who We Help

You should consider seeking legal advice if you:

  1. Are considering moving into a granny flat;
  2. Have a parent or relative looking to enter into a granny flat arrangement with you;
  3. Are considering home care options for yourself or a relative;
  4. Are seeking to understand how granny flat or home care options impact on your Estate Planning;