Rights of a spouse or relative
A spouse or relative who has lived in your unit for 6 months or longer but was not on the contract can live in the unit for 3 months after you leave or die.
The spouse or relative must write to the operator within 14 days of the termination date, confirming they agree to the terms of the contract while they live in the unit.
During the 3 months, the relative has all the rights and responsibilities of a resident.
If the spouse or relative meets certain conditions, they may enter into a residence contract for the unit before the 3 month period expires.
These conditions include that:
- the original resident’s interest was leasehold or licence
- no other person has a right under the contract to live in the unit
- they meet the eligibility criteria to live in the village
- they give written notice of their wish to enter into a residence contract.
A residence contract entered into by the spouse or relative must be on the same terms as would be offered to any other potential resident, and adjusted to include any agreement between the relative and the scheme operator about the re-instatement work for the unit.
More information
- Find out about the condition of the unit when leaving a retirement village
- View information about residence contracts
- Read the Aged Care Act 1997
- Visit the myagedcare website
- Visit our useful contacts page
- Email regulatoryservices@chde.qld.gov.au