Retirement and aged care – Novum Law Group

COMPREHENSIVE ADVICE

Retirement & Aged Care

Expert legal advice about retirement and aged care services to ensure your golden years are comfortable and your needs are met with dignity and respect.

Your retirement, your way

Confident decisions for the next chapter

We provide expert advice to guide you through your options so you can be confident that your plan meets your unique needs and protects your finances and family’s future.

Retirement Village & Assisted Living Contracts

We draft tailored loan agreements and provide thorough advice, explaining terms, conditions, and implications to empower your decision-making.

Reverse Mortgage & Equity Release Contracts

We provide clear advice on guarantees and indemnities, including solicitor’s certificates, to ensure you understand the risks and obligations involved before you commit.

Your retirement team

Guidance for you and your family

Clear advice on retirement village and aged care contracts, so you and your family can make the move with confidence.

WHAT OUR CLIENTS SAY

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   Shantell Taylor 
 
 
 
 Trustindex verifies that the original source of the review is Google. An excellent group of lawyers with their experience they can help with most legal issues. The office in Mitcham is very easy to find too. Really great Mitcham lawyers. Thank you.
  
 
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   Sea Dogs 
 
 
 
 Trustindex verifies that the original source of the review is Google. This team of lawyers are so good to deal with. They were wonderful with our house purchase doing the conveyancing for us. Thank you Renee and Team. A great Mitcham law firm.
  
 
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   Theodore Lee 
 
 
 
 Trustindex verifies that the original source of the review is Google. Buying our first home was incredibly stressful but Sharon and Renee made it much more manageable. They walked us through every step and happily answered all our questions. I highly recommend their services.
  
 
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   Katherine Merry 
 
 
 
 Trustindex verifies that the original source of the review is Google. The staff were very helpful and approachable
  
 
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   Matthew Butera 
 
 
 
 Trustindex verifies that the original source of the review is Google. Highly recommend! Great service, very knowledgeable, and would definitely use again!
  
 
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   Cheryl Hansen 
 
 
 
 Trustindex verifies that the original source of the review is Google. Sheredyn is very professional and provided such helpful advice, explaining everything in a way I could understand. She was accommodating in allowing my adult kids to join  the conversation via Zoom and answered all their questions thoroughly.
  
 
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   Luke Sonnex 
 
 
 
 Trustindex verifies that the original source of the review is Google. Working with Renee and the team at Novum Law Group has been fantastic. They really care and go out of their way to provide the best advice possible. Renee's knowledge of property law is very impressive and clearly comes from years advising successful clients. I highly recommend Novum Law Group for all property related matters.
  
 
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   David H 
 
 
 
 Trustindex verifies that the original source of the review is Google. We got good advice and efficient execution of conveyancing services by Adele. We happily recommend using Novum.
  
 
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   Andrew Pattinson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Much thanks to Renee & Adele for all their good work & help. I will be using Novum Law Group for any future Real Estste dealings i have and thouroughly recommend them.

YOUR QUESTIONS, ANSWERED

Frequently asked questions

Can’t find what you’re looking for?

What is a retirement village?

A retirement village is a communal living arrangement where most residents are aged 55 years or over or if younger are retired from full time work. Different villages offer different contracts and types of tenure, unit types and facilities and services.

What legal issues should I take into account when considering moving into a retirement village?

It’s important to navigate the legal aspects of retirement village contracts with care – understanding entry fees, ongoing costs, exit fees and your obligations as a resident. The village operator must give you certain disclosure documents at least 21 days before you sign the residence contract. You must obtain legal and financial advice, before you sign, check that any verbal representations made to you are included, and seek clarification of any aspect you are not sure about.

What are my rights and responsibilities as a resident in a retirement village?

Residents have legal rights and responsibilities outlined in legislation and in the rules or by-laws of the village. The rules or by-laws of the Village are about the use, enjoyment, control and management of the village. They may be included in the residence documents given to you before you enter the village. They usually deal with pets, car parking, visitors and guests and the external appearance of the resident’s premises, use of facilities and services. Rules can only be created, changed or revoked by special resolution. If the village has an owner’s corporation, you must also follow the owner’s corporation rules regarding the use of common property.

What fees do I have to pay when living in a retirement village?

You will have to pay a range of fees and charges to enter into, live in and to exit a retirement village. Some fees may continue even after you leave. The fees you have to pay depends on the residence contract and are set out in the disclosure documents given to you before you enter the village. You will have to pay ingoing contributions which may be an interest free loan or a deposit. You will also have to pay fees for personal services, and maintenance charges, which is your share of the cost to upkeep the village. The maitenance charge can be increased only in line with the annual consumer price index but a bigger increase can be allowed in certain circumstances, for example, if a majority of the residents’ committee approves it.

What happens if a dispute arises while living at the village?

All villages in Victoria must have an internal dispute resolution process to deal with complaints, whether it is about management, or disputes between residents. The process must be in writing and can be obtained from the village operator. The document must provide information about when and where complaints can be made and to whom, and how the dispute will be handled. It will also provide information about other options for dispute resolution such as seeking help from the residents’ committee, Consumer Affairs Victoria or applying to the Victorian Civil and Administrative Tribunal (but only if the matter relates to an owner’s corporation issue). Disputes with the operator can be resolved with the assistance of Consumer Affairs Victoria or the Dispute Settlement Centre of Victoria.

What do I need to do when selling or leaving a retirement village?

Existing a retirement village involves legal considerations like exist fees and the resale process. The process will be determined by the structure of your right to occupy which is contained in your residence contract. In most cases, after taking these fees into account, you may be left with less money than when you entered the village.

If you are an owner resident, you have the right to select your own selling agent to whom you will pay a sales commission, but the village operator can decide whether to approve the buyer as a resident. Your selling agent may still charge you a fee where the village does not approve the buyer. On leaving, you may also have to pay a share of the capital gain and departure fees drawn from the proceeds of the sale. If there is an owner’s corporation, you will continue to pay those fees until settlement of your sale, no matter how long it takes for you to find a buyer.

What legal steps can I take to protect my interests and assets when entering aged care?

Safeguarding your interests may involve updating your will, making a power of attorney and appointing a medical treatment decision maker. A power of attorney enables you to appoint a trusted friend or family member to manage your legal and financial affairs if you are unable to do so, or do not wish to do so yourself. Your appointed medical treatment decision maker can make decisions about medical treatment matters when you no longer have the capacity to make those decisions yourself.

Let’s talk about how we can help

Whether you have a question, need advice, or are ready to get started, we’re here to help.