Special Counsel Ilana Kacev and Associate Camille Broadhurst have been featured in the Retirement & Estate Planning Bulletin 'Family provision claims in the context of a claimant’s need for aged care services'
This article examines how to qualify “need” in the context of claims for further provision against a deceased estate. Whether defending an estate or acting for a claimant, the claimant’s “need” of provision for a certain level of aged care and for additional services that can be provided by aged care providers must be carefully reviewed because aged care fee structures can be flexibly and variedly composed.
Ilana and Camille discuss the careful considerations of the various fee structures to consider when entering into a residential aged care facility, including:
- daily standard care fees;
- means tested care fees;
- extra/additional service fees; and
- Refundable Accommodation Deposits (RAD).
There is more than one way to adequately provide for a claimant out of a deceased estate in respect of aged care. One size does not fit all but there is enough flexibility in aged care fee structures to arrive at an outcome that considers the interests of all involved.
"Therefore, it is imperative that when formulating your client’s best position and understanding your client’s minimum position, an in depth analysis of “need” juxtaposed against all the different financial ways that need can result in a court order be undertaken."
Consult the full article for more detailed information.
Please click here to download a PDF copy of the article.
We are here to help
Our team has expertise in family provision claims and all aspects of Estate Planning and Retirement Living law. For any queries concerning anything found in the article please contact Ilana Kacev or Camille Broadhurst.
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