Accommodation and Care Arrangements for Elders

Practice areas

A family who is gathered together for a photo taken at Easter

What type of accommodation should I choose, when I retire?
There are a number of accommodation options for older Australians, and it is important to consider which option is suitable for your health and lifestyle needs.

Staying in your home (and perhaps hiring a carer)

Downsizing
Moving into a Granny flat on the same property as your child
Moving into a provided care facility
Moving into a retirement village.

We can advise you of the legalities and potential issues arising out of each option, and suggest a suitable course of action to take, to minimise the financial and legal risks arising out of shared accommodation.

Book a consult

How do I go about ensuring that I can have agency over my choices, if I become unwell or injured?

An important part of retirement and accommodation decision-making is ensuring that you can make important decisions of where and how you want to live, free of duress or coercion. Mossensons can provide you with independent legal advice, in consultation with your financial adviser (with your consent), about your retirement options. We can also draft the appropriate legal documents to ensure that your health, lifestyle and financial affairs are managed to your liking. This will ensure that you have decision-making agency over your affairs, irrespective of whether you lose legal capacity.

Contact us to discuss making an Advanced Health Directive (“Living Will”), Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG). You can read more about these legal documents here. These documents, together with your last Will and testament form an important part of your Estate Planning.

If I choose to live with my children in shared accommodation, how will I ensure the arrangement is secure, well into the future?

Moving into shared accommodation, such as a Granny Flat or separated living quarters in the same house, are becoming common accommodation alternatives for those who do not wish to live in provided care. These arrangements, if not properly considered, can result in conflict and stress within families. Getting proper legal advice that takes into consideration your lifestyle choice can prevent unnecessary stress and hardship, later.

Is generational housing a good option?

If you decide to move into the home of your child, there are issues around finances and property ownership to consider. For example, if your child divorces from their spouse or dies, you may have to leave the home. This can cause conflict and stress, if you have contributed to the home, or do not have an alternative place to live.

Are Granny Flats a good opportunity?

Building a Granny Flat on property owned by another family member can often involve a serious financial investment. Other contributions to improving a family home in some way that increases its value, can create complex issues about how to recoup the financial contribution that the investor has made. Mossenson’s can advise you about your legal options, and prepare the appropriate documents, in preparation for you and your child sharing accommodation.