A short review of some 'granny flat' cases.

In each of the real examples that follow it is interesting to consider whether any or all of them or any part of the conflict which they illustrate, might have been avoided had the parties considered entering into a clear agreement which attempted to contemplate some of the risks and the vagaries of life which eventually brought them into litigation.

These cases emphasise the recurring theme underlying arrangements which, for the most part, fail to take account of the risks, hazards and unforeseen outcomes of personal relationships and personal challenges which ill health, financial difficulty and ultimately death, present to the best of intentions.

There are many such cases and they will continue to occur between elders and their family and friends while ever communications are poor about the mutual intentions of the people concerned and how they intend to deal with the issues which life produces.

This is a general comment about the current state of information available to intending residents and their families and supporters in the aged care system in Australia. I have been moved to think about these issues by the campaign which has begun on the Aged care crisis website.

There is much which is lacking in the system and which is very important to intending residents to know about. Also there is an unsatisfactory system of complaints which also lacks some of the important elements of an open information system so important to consumers of these services. - Rodney Lewis, Solicitor

Simple question needing a simple answer, yes? Well, actually no. At least, not when it comes to aged care.

Many people are apparently confused - including aged care providers, residents and their family members, about their respective rights to withhold and to have access to information which may have been accumulated about a particular person while that person has been in a residential care facility.

This short article attempts to provide all sides with some of the necessary information with which to make informed decisions about disclosure of information in records kept about aged care residents.

First, let’s be clear about the law which applies to this area. The sources of law are to be found in the Aged Care Act 1997 and the Privacy Act 1998 and in the various State and Territory laws which apply to medical record keeping. I shall just confine this discussion to the Commonwealth laws. 

There are better rights to access available under the laws of New South Wales, Victoria, and the ACT.

Just sign on the dotted line!

Some tricks and traps in signing a residential care agreement.

Here are some ideas which should be considered before signing the contract which you must be offered before entering a residential care facility (RCF).

Don’t just say ‘yes’

A residential care agreement should be offered by the approved provider before the care recipient enters residential care. The terms of the agreement are specified by the Aged Care Act (ACA). However, because it is an agreement, and because the agreement must allow the parties to be on equal terms, the terms are not limited by the ACA and it is always possible to make additional suggestions and arrangements which, if agreed, must be included.