Family & Defacto Law
December 18, 2025
Aged Care Lawyer Penrith Area
Protecting Your Family's Future Through Aged Care Transitions
With more than 40 years guiding Penrith families through aged care decisions, we ensure your loved ones receive the care they deserve while protecting their rights and assets.
40+
Years of Elder Law experience
Trusted
Accredited Specialists in Wills & Estates
10+
Law Society of NSW Members
40+
Years Serving Western Sydney Seniors
Aged Care Facilities
Aged Care Facilities are generally known as “hostels” or “nursing homes”. These facilities are regulated by the Commonwealth Government under the Aged Care Act 1997. In an Aged Care Facility residents occupy their hostel, unit or bed in a nursing home in accordance with a Resident Agreement. A Resident Agreement explains what care and services are expected and what will be provided, for both the Resident and Operator of the home.
Resident Agreements are like a Contract between the Resident and the Operator, and as such should be fully understood and the necessary advice obtained prior to signing the document.
Many facilities offer three tiers of accommodation – self care, hostel and nursing home. Many Residents are able to transfer to a hostel or nursing home if their health requires, but no guarantees can be given by the Operator that these levels of accommodation will be available at a particular time.
The Australian Government provides funding for Residential Aged Care to help cover care and accommodation costs when ageing, illness or disability means you or your loved one can no longer safely remain at home. Two levels of residential care are provided: high level care and low level care. High level care provides ongoing twenty four hour nursing care, meals, laundry, cleaning and personal care. Low level care lets you live independently while receiving assistance with meals and laundry and personal care, but does not include the provision of nursing care.
Each person in care may be asked to pay a basic daily care fee and depending on your income you may be asked to pay an additional income tested fee.
If your assets exceed two and a half times the current single basic age pension when you enter a low level care or an extra service home, you may be asked to pay a bond. The bond is an amount agreed between you and the Operator, also if your assets exceed two and half times the current single basic age pension when you enter a high level home, you may be asked to pay an accommodation charge. The charge is calculated on a sliding scale depending on your assets at the time you enter care.
At Bateman Battersby Lawyers Penrith we have acted for many residents when entering into Aged Care Facility Agreements and our experience in these transactions will ensure that your matter is attended to expediently and efficiently in a cost effective manner.
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How am I assessed for Aged Care?
Residential Aged Care places are funded by the Australian Government to assist with the cost of care and accommodation services to eligible people who can no longer live at home because of the effects of ageing, illness or disability.
Two levels of Residential Care are provided across Australia – High Level Care and Low Level Care. High Level care provides ongoing 24 hour nursing care, meals, laundry, cleaning and personal care. Low Level Care lets you live independently while receiving assistance with meals and laundry and personal care, and does not include the provision of nursing care.
To be eligible to reside in an approved Aged Care Facility you need to be assessed by an Aged Care Assessment Team (ACAT). ACAT may comprise a doctor, nurse, social worker or therapist and will provide information on suitable care options and a range of appropriate referrals.
What is a Daily Care Fee?
Daily care fees are a contribution towards the cost of your care. Each person in care may be asked to pay a basic daily care fee and depending on your income, you may also be asked to pay an additional income tested fee. You may check the current daily care fee by checking the following website [www.seniors.gov.au/internet/seniors/publishing.nsf/Content/Costs+of+care](http://www.seniors.gov.au/internet/seniors/publishing.nsf/Content/Costs+of+care)
What is a Resident Agreement?
The Aged Care Act 1997 requires a Residential Aged Care Facility to offer all residents a Resident Agreement. A Resident Agreement sets out for both the Resident and the Operator of the home, what care and services are expected and will be provided. Agreements are like a Contract between the Resident and the Operator and as such, you should obtain advice about the content of the agreement, prior to signing.
What is an Accommodation Bond?
If your Assets exceed two and a half times the current single basic Aged Pension, when you enter a low level care or an extra service home, you may be asked to pay an Accommodation Bond.
The bond is an amount agreed between you and the Aged Care Facility Operator. There is no fixed amount or formula for determining the bond, but you cannot be charged a bond which would leave you with assets less than two and half times the basic single Aged Pension.
Money raised by Accommodation Bonds is used to improve accommodation and services.
What is an Accommodation Charge?
If your Assets exceed two and a half times the single basic Aged Pension when you enter a High Level Aged Care facility, you may be asked to pay an Accommodation Bond.
The maximum Accommodation Charge is capped and calculated on a sliding scale depending on your assets at the time you enter care.
You cannot be asked to pay an accommodation charge if you have assets less than two and a half times the single basic Aged Pension at the time that you enter care. You may check the current maximum Accommodation Charge on the following website: [www.seniors.gov.au/internet/seniors/publishing.nsf/Content/Costs+of+care](http://www.seniors.gov.au/internet/seniors/publishing.nsf/Content/Costs+of+care)
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Write usPO Box 981 Penrith NSW 2750
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