Live Webinar: Estate Planning Implications of Residential Aged Care


Date:  Tuesday 16th October 2018 – Online:
Vic, NSW, ACT, Tas:  2.30pm to 4pm 
SA: 2pm to 3.30pm  WA: 11.30am to 1pm 
NT: 1pm to 2.30pm  Qld: 1.30pm to 3pm

Residential aged care is depressingly common today, thanks to increased longevity and the scourge of dementia.  Aged care financing is a dark art and it’s important that estate planning practitioners and succession lawyers understand the system so that they can take account of its financial implications for the resident and the resident’s family in the estate plan.  This presentation will focus on the estate planning implications:

  • The key elements of aged care funding:
    • the refundable accommodation deposit – how it works and what are the alternatives?
    • the daily fee and what it covers, the means tested fee, and charges for “extras”
  • Understanding the Centrelink assets and income tests
  • Funding the RAD:
    • what if only one member of the couple is going into care?
    • cash payment vs daily payment to cover lost earnings from RAD
    • Centrelink implications of sale of family home
    • implications for the main residence exemption if the home is kept and rented
    • if the home is sold – ademption problems and how to address them
    • role of the EPOA in making the decision
  • Considerations with residential aged care agreements:
    • common terms and understanding them
    • requirements regarding security for fee payment – personal guarantees from relatives, security over assets
    • identifying and understanding additional fees – capital improvement fees and exit fees
    • does the Aged Care Act permit additional fees?
  • Issues on exit:
    • RAD must be paid to the estate
    • what if RAD was paid by a relative?
    • RADs and blended families
Our presenter

Brian Herd, Partner, CRH Law, Brisbane

Brian is recognised as one of Australia’s leading experts in the areas of elder law, retirement, disability and aged care.

Brian has extensive experience in life planning for older people and the legal issues impacting on them including making Wills, administering estates, disputes over Wills, superannuation, social security, retirement villages and aged care, incapacity, the Guardianship Regime, the loss of a spouse or the ‘suddenly single syndrome’, planning for disabled children, elder abuse, enduring powers of attorney, advance health directives, family agreements and disputes and mediation.

His expertise also extends to the structuring of business affairs and advising on the impact of the transfer of interests in family businesses including trusts and family companies. In 2016, for the fourth year in a row, Brian was named one of Australia’s best lawyers in Retirement Villages and Senior Living Law.


This webinar is suitable for lawyers throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 1.5 CPD units/points – substantive law.  This webinar has been designed to run for 1.5 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1 hour.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBIOCT18
 Price:   $264.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.