The decision to move into an aged care facility

No one, who has full capacity to make decisions, can be forced to move into aged care if they don’t want to. The decision to enter an aged care facility, and to remain there, sits with the older person (i.e., scenario 1 – Grace is within her rights to make the decision as to where she resides, even if she has had advice to the contrary).

However, if the person has impaired decision-making capacity, (as is possible in scenario 2), a substitute decision maker can decide to place the older person in a care facility. People can appoint their own substitute decision maker in an Enduring Power of Attorney document (provided they have capacity at the time of the appointment).

When there is not a current and valid Enduring Power of Attorney, the process of accessing Aged Care facilities may be delayed. A substitute decision maker can be appointed by the Queensland Civil and Administrative Tribunal (QCAT), but this may be a lengthy and emotional process.

A capacity assessment of the older person by a specialist doctor will be undertaken prior to an appointment by QCAT. A hospital, family member, social worker or another person cannot make an older person go into an aged care facility unless this process has been followed, or he/she makes their own decision to go.

Do I need to be assessed before I move into Aged Care?

To move into an aged care facility, the person will be required to undertake a free assessment with the Aged Care Assessment Team (ACAT). An ACAT member will assess whether they will be able to receive government-subsidised aged care services, and help identify what types of care they need or whether they can to stay at home. They will also discuss what options are available locally. A doctor or hospital can make a referral to an ACAT, as can the person themselves.

Types of Aged Care Arrangements

There are two types of aged care arrangements for older people who are unable to care for themselves and who cannot (or do not want to) live with family or friends:

1. Residential aged care in a residential aged care home
2. Home care package, which allows people to remain in their own home whilst receiving in-home care.

The options available will very much depend on the services available in the area in which the elderly person lives, and the level and amount of care they require.

An Aged Care Assessment Team (ACAT) from the Department of Social Services gives free advice on the options available to an older person in the area they live. The ACAT can help work out a person’s needs and make a referral to the appropriate services.

More information

To discuss a potential Aged Rights matter, or to understand more about an Enduring Power of Attorney, contact

Catherine Cheek (Special Counsel)
Phone: 07 4639 0358
email: ccheek@cp484.ezyreg.com

What are your rights?

A person’s rights do not diminish when he or she moves into a nursing home or hostel, regardless of his or her physical or mental frailty or ability to exercise or fully appreciate his or her rights. Everyone has a right to receive a service that is appropriate to their needs. For example, in scenario 1, John’s wife has the right to be taken to the toilet as needed and within a reasonable amount of time. She should not have to wait unnecessarily, causing distress or discomfort, and compromising her right to be treated with dignity.

No older person should be subjected to any form of abuse, often referred to as ‘elder abuse’, as suspected in scenario 2. Elder abuse can take various forms such as physical, psychological or emotional, sexual or financial abuse. It can also be the result of intentional or unintentional neglect.

There is legislation that protects people in aged care facilities and which imposes obligations on service providers. If the service provider breaches their obligations to an older person, then the person or their representative may complain. There must be an internal process within the facility for dealing with complaints. If the internal complaint resolution is not appropriate or the complaint is not dealt with favourably, you can contact the Aged Care Complaints Scheme.

What to do?

If you have any concerns or complaints regarding the provision of aged care services, you can contact the Aged Care Complaints Scheme, or if there are concerns about Elder Abuse, the Elder Abuse Prevention Unit.

You are also welcome to discuss a potential Aged Rights matter by calling Catherine Cheek (Special Counsel)

Phone: 07 4639 0358
Email: ccheek@cp484.ezyreg.com