Aged Care Lawyers Adelaide
Agreements Reviewed Before You Sign
We provide clear, practical advice to residents and families on aged care service agreements, accommodation payments and fees throughout South Australia.
Serving Adelaide Since 1970
50+ Years Experience
Free 15 Minute Phone Consult
Trusted Adelaide Lawyers
What We Do
Our Aged Care Legal Services
We provide practical aged care legal services to residents and families throughout South Australia.
Aged Care Service Agreements
We review the service agreement before it is signed, explain what each clause commits you to, and raise anything that needs to be negotiated with the provider.
Accommodation Agreements
Accommodation is dealt with under a separate accommodation agreement. We review it and advise on the payment arrangements, including a Refundable Accommodation Deposit (RAD), Refundable Accommodation Contribution (RAC), Daily Accommodation Payment (DAP), or a combination of applicable payment arrangements. The rules can differ depending on when the resident entered care and which fee and accommodation arrangements apply.
Aged Care Fees and Contributions
We explain the aged care fees and contributions the agreement makes the resident liable for, how they can change, and what notice the provider has to give.
Signing on Behalf of Someone Else
We advise attorneys, supporters and representatives on the authority needed to sign a service agreement, and on the limits of that authority.
Personal Liability and Guarantees
We identify any clause that asks a family member to accept responsibility for payment, and explain the exposure before anyone signs.
Exit and Refund Terms
We explain what the agreement says about leaving, how a Refundable Accommodation Deposit is repaid, and what deductions the provider is permitted to make.
If you require assistance with an aged care agreement in Adelaide or elsewhere in South Australia, our experienced solicitors are available to provide clear and practical advice.
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Aged care agreements have changed
Since 1 November 2025, residents entering permanent residential aged care are generally covered by a service agreement for care and services and a separate accommodation agreement covering their accommodation. The provider must enter into the service agreement with the resident on or before the resident’s start day.
We read the agreement as a contract
Aged care legal advice starts with the agreement. We look at what it promises, what you will pay, what can change, and what happens when the agreement ends. We identify clauses that are unclear, potentially problematic or worth negotiating, and explain them before you sign.
Wills and estates under the same roof
We also draft Wills, Powers of Attorney and Advance Care Directives, so a care decision that touches the family home or an existing appointment does not need a second firm.
Our Fees Are Competitive with Other Firms in South Australia
If you’re looking for an aged care lawyer, our experienced solicitors are available to provide clear and practical advice. Schedule your free 15-minute telephone consultation, with no obligation, today.
Meet Your Legal Team
The Lawyers Who Handle Your Matter
Angus Santostefano - Solicitor
- Admitted 2021 · Supreme Court of South Australia
- Bachelor of Laws · Bachelor of International Studies
- Aged Care, Commercial & Contractual Advice · Child Protection Law · Property Law
- Law Society of South Australia · Gold Alliance Firm
Shadan Doyle - Solicitor
- Admitted 2022 · Supreme Court of South Australia
- LLB · GDLP · MHRM · BEng
- Commercial Litigation · Disputes · Dispute Resolution
- Law Society of South Australia · Gold Alliance Firm
What Our Clients Say
Aged Care Law in South Australia
Commonly Asked Questions
What is an aged care service agreement?
A service agreement is the contract between a resident and an aged care provider. It sets out the care and services to be provided, the fees payable, and the terms for termination and complaints. A resident in permanent care also has a separate accommodation agreement covering their accommodation.
Do I have to sign an aged care agreement before moving in?
The obligation sits with the provider. Under the Aged Care Act 2024 (Cth), the provider must enter into the service agreement with the resident on or before the resident’s start day. Because it has to be in place by that date, have it reviewed before moving day rather than on it.
Can I change my mind after signing a service agreement?
Yes. There are different cooling-off provisions depending on when the resident withdraws. If the resident withdraws within 14 days of agreeing to the service agreement and before entering care, the agreement has no effect and amounts paid under it must be refunded. Once ongoing residential care has started, a resident has an additional 28-day cooling-off period to withdraw from the service agreement. The agreement must also be reviewed at least every 12 months, when care needs change, or when the resident asks for a review. We can advise on how these rights apply to your agreement.
Can I sign an aged care agreement for my parent?
It depends on the legal authority you hold. A registered supporter can assist an older person with decision-making, but being a registered supporter does not itself give you authority to make decisions or sign an agreement on their behalf. A person with an active, legally recognised appointment, such as an enduring power of attorney or guardianship appointment, may have that authority, depending on the terms of the appointment.
Am I personally liable if I sign for a family member?
It depends on the capacity in which you sign. Signing as an attorney or representative is not the same as agreeing to pay the fees yourself. Where an agreement includes a guarantee or indemnity clause, we identify it and explain the exposure before you sign.
Is a Refundable Accommodation Deposit fully refundable?
The balance of a Refundable Accommodation Deposit (RAD) is generally repayable when the resident permanently leaves care, but the amount refunded can be reduced by retention amounts and other deductions permitted under the aged care legislation or agreed under the relevant arrangements. Specific refund timeframes also apply, and the balance may be refunded to the resident or their estate.
Is it better to pay a RAD or a DAP?
Choosing between a Refundable Accommodation Deposit (RAD) and a Daily Accommodation Payment (DAP) is a financial advice question rather than a legal one, so we do not advise on which to take. Our role is to make sure the accommodation agreement records the option you chose and matches what the provider offered.
Do you have to sell the family home to move into aged care?
No. There is no general legal requirement to sell the family home when someone enters residential aged care. However, whether the home is retained, rented or sold can have financial consequences for aged care fees and accommodation costs, while the ownership and eventual distribution of the property are separate estate-planning issues.