An unsigned accommodation agreement is not automatically proof that no aged-care accommodation contract exists. The Australian Department of Health says a resident can choose to agree without signing, while the provider must record the interactions and the fact that agreement was given. For people entering residential aged care on or after 1 November 2025, the provider must enter into the accommodation agreement before entry and give the prospective resident a copy before entry.
This creates a precise purchase-stage risk. A family may think it is still reviewing a room while the provider records that the resident accepted the price and conditions. The safest response is not to insist that every valid agreement needs a signature, but to make the consent record, room offer and unresolved questions explicit before move-in.
Ask whether the provider says agreement already exists
Request a written answer identifying the date, participants and communication on which the provider relies. Ask whether it treats the accommodation agreement as final, conditional or still in draft. If it says agreement was reached without signature, obtain the contemporaneous record.
Compare that record with emails, meeting notes and versions sent to the family. Correct factual errors before entry. A sales conversation about an indicative price should not silently become consent to a different room or a full set of conditions.
Obtain the complete agreement before entry
The current guidance requires a prospective resident to receive a copy before entering care. Ask for the entire document with schedules, price lists and incorporated terms, not only a signature page. Save the version and date so later amendments can be identified.
Allow time for the resident, authorised representative and adviser to read it. If an urgent hospital discharge compresses the timetable, list every unresolved matter and ask the provider to state how it will be handled. Urgency does not make missing attachments understandable after the fact.
Match the agreed price to the exact room
The Department says the agreement must contain the date of entry, agreed room price and room features attached to that price. Verify room number or category, private or shared features, bathroom arrangement, outlook, floor and accessibility. Ask what happens if the room offered on arrival is different.
Keep the published or advertised price seen during the search and compare it with the agreed figure. If the price changed, obtain the reason and the resident's express response. A record of agreement should not be a blank authority to substitute another room.
Review every required cost and payment term
The agreement must explain what the resident will pay, available payment options and how the relevant amounts are calculated. It must address any interest on late daily payments or contributions. Ask for worked examples using the resident's actual entry date and means-assessment status.
For current entrants, the guidance says there is no set deadline to choose a payment method. Daily payments apply until the full amount is paid, and a lump sum can be paid or topped up after entry once the means assessment is finalised or means-not-disclosed status is set. Do not import the old 28-day and six-month rules into a 2026 admission.
Check services, deductions and refund events
The document should identify services included with the room price, permitted deductions and circumstances in which a refundable deposit is repaid. Ask the provider to separate accommodation conditions from the resident agreement, care fees and optional everyday-living services.
Model transfer, return home and death. Confirm who receives statements, what evidence is required and where repayment is sent. A family should understand the exit calculation before choosing a large lump-sum payment.
Read room-change conditions before consent
Accommodation agreements must deal with voluntary and non-voluntary room moves. Ask who can propose a move, what consent or notice applies, whether the price changes and how clinical need is documented. Record any promise that a particular room is permanent.
If the provider says a temporary room will be used, describe both rooms and the transfer date. State which price applies during each period and what happens if the promised room does not become available.
Verify the person who can agree
Assess whether the resident understands the room price and conditions, as the provider is responsible for making sure the person understands. Arrange interpreting or accessible explanations where needed. Do not turn a family contact into an authorised decision-maker without checking authority.
If a representative is involved, identify the document or legal basis and the decisions it covers. Record the resident's own wishes and participation. An unsigned agreement should have stronger evidence of informed consent, not a thinner trail.
Keep clinical acceptance separate from contract consent
Confirm medication, mobility, cognition, behaviour support, dietary needs and night care. Ask who makes the final clinical admission decision and whether it is complete. Agreement on accommodation does not prove that the home can safely meet the resident's needs.
If acceptance is conditional, make any holding payment conditional too. Obtain a refund rule for provider refusal, a delayed room or a material change in needs. Curalune does not guarantee availability or admission.
Expose placement commissions and incentives
A placement adviser may be paid by the resident, the home or both. Ask which homes pay referral fees, whether remuneration changes with room price or payment method and whether non-paying homes were considered. A provider's record of verbal consent should not be reinforced by an adviser with an undisclosed completion fee.
Curalune's option-selection service can organise homes by care fit, location, room conditions and total cost. Its fuller contact service can ask shortlisted providers for the same agreement, availability and admission confirmations. Curalune does not decide whether consent is legally effective.
Close the file with an acceptance memorandum
Before entry, prepare a one-page memorandum stating the chosen room, agreed price, payment status, included services, unresolved conditions and authorised decision-maker. Attach the provider's agreement and consent record. Ask the provider to acknowledge corrections.
If the resident wishes to agree without signing, record that choice explicitly and keep evidence that the full document was supplied and explained. This approach respects the official possibility of unsigned agreement while preventing ambiguity from becoming a surprise invoice.
Frequently asked questions
Is an unsigned accommodation agreement automatically invalid?
No. The Department says a resident may agree without signing, but the provider must record the interactions and that agreement was given.
When must a current entrant receive the agreement?
For entry on or after 1 November 2025, the agreement must be entered into before entry and the prospective resident must receive a copy before entry.
Does a 2026 resident have 28 days to choose the payment method?
No set timeframe applies under the current entrant rules. Daily payments apply until the full amount is paid.
Does agreement to the room guarantee admission?
No. Clinical suitability, actual availability and the provider's final admission decision must be confirmed separately.