Financial and Legal Services for NDIS and Aged Care in Australia

Planning ahead financially and legally is one of the most practical things a person with disability or an older Australian can do. The systems involved, including the NDIS, My Aged Care, and associated Commonwealth legislation, are specific enough that general financial or legal advice often misses the mark.

MD Home Care connects people in Australia with financial advisers and lawyers who work in this sector every day. This page explains what those professionals actually do, when you need them, and how to find the right one.

Financial Advice for NDIS Participants and Aged Care Clients

What a Disability Financial Planner Does

A financial planner with NDIS and disability expertise does more than help with budgeting. They can advise on whether a Special Disability Trust (SDT) suits your family’s circumstances. An SDT allows family members to contribute assets for the future care and accommodation needs of a person with a severe disability, while protecting Centrelink entitlements. Setting one up requires a trustee, a formal trust deed, and compliance with the Social Security Act 1991. Getting this wrong can affect pension entitlements significantly.

Financial planners registered with the Financial Advice Association Australia (FAAA) who hold the aged care specialist accreditation (RG 146 Aged Care) are the right people for this work. They understand the Aged Care Act 1997, the means-tested care fee calculations under My Aged Care, and how refundable accommodation deposits (RADs) interact with asset assessments.

For NDIS participants, a financial planner can model out long-term plan sustainability, help families think about what happens when informal support arrangements change, and advise on how inheritance or compensation payouts affect NDIS funding eligibility.

Aged Care Financial Planning in Australia

Moving into residential aged care involves costs that most families have not encountered before. The basic daily fee is set by the government, but the means-tested fee, the accommodation payment, and additional service fees vary substantially between facilities and depend on your income and assets.

A financial adviser in Australia who specialises in aged care can run projections on different funding scenarios, explain whether a lump-sum RAD or a daily accommodation payment (DAP) makes more financial sense given your circumstances, and help you restructure assets where legally appropriate. They can also advise on how the assets test interacts with the age pension when one partner moves into care while the other remains at home.

Legal Services for Disability and Aged Care

Disability Law

Lawyers who practice in disability law in Australia work across several distinct areas.

NDIS appeals and reviews are one of the most common matters. If the NDIA has reduced your funding, declined a support, or issued a decision you believe is wrong, you can request an internal review and then escalate to the Administrative Appeals Tribunal (AAT). A disability lawyer can advise on the merits of the decision, help prepare submissions, and appear at the AAT if needed.

Disability discrimination matters under the Disability Discrimination Act 1992 (Cth) are another area. This covers access to premises, employment, education, and services. Complaints can be lodged with the Australian Human Rights Commission. A lawyer with experience in this jurisdiction can advise on whether a complaint is likely to succeed and what outcomes are realistic.

Guardianship and administration orders involve state and territory tribunals, including the New South Wales Civil and Administrative Tribunal (NCAT) and equivalent bodies in other states. If you or a family member needs a formal decision-making arrangement, a lawyer can help navigate the application process and explain what each order actually authorises.

Elder Law

Elder law solicitors in Australia handle the legal aspects of ageing, including:

Enduring powers of attorney, which authorise a trusted person to make financial and legal decisions if you lose capacity. The document must be executed correctly under state legislation to be valid. An incorrectly drafted power of attorney can be challenged or refused by financial institutions.

Advance care directives communicate your medical treatment preferences. Requirements vary by state, and in some jurisdictions these must be witnessed by specific professionals. A lawyer can ensure yours is valid and registered where applicable.

Wills and estate planning for people with disability often involve specific considerations. If a beneficiary receives the Disability Support Pension or NDIS funding, a direct inheritance can affect their entitlements. A lawyer can advise on testamentary trusts and other structures that allow assets to pass without those consequences.

Aged care agreements, including admission agreements and extra service agreements, are legal contracts. Having a solicitor review these before signing can prevent later disputes about fees, services, and notice periods.

“My mother was moving into care and we had no idea how the financial side worked. MD Home Care pointed us towards a financial adviser who specialises in this area. She walked us through the RAD decision and the means test in plain English. We felt a lot more confident going in.” Karen, Australia

How MD Home Care Helps

MD Home Care connects people in Australia with professionals who work specifically in disability and aged care. Rather than searching through general directories, you can use the platform to find financial planners and solicitors who already understand the NDIS, My Aged Care, and the legislation that governs both.

When looking for a financial adviser, check that they hold an Australian Financial Services Licence (AFSL) or are authorised under one, and ask whether they hold the FAAA aged care specialist designation. For legal matters, the Law Society in your state or territory maintains a register of solicitors and can confirm whether someone practises in elder law or disability law.

Frequently Asked Questions

Can I use my NDIS funding to pay for financial or legal advice? Some legal and financial advice costs can be funded under Capacity Building, specifically Support Coordination, if the advice is directly related to your NDIS plan or supports. This is not automatic. Your support coordinator can help determine whether a particular service is claimable and at what rate under the NDIS Pricing Arrangements and Price Limits.

What is the difference between a financial counsellor and a financial adviser? A financial counsellor provides free assistance to people in financial difficulty, typically through community organisations. They do not charge fees and are not licensed to give investment advice. A financial adviser holds an AFSL and can advise on investments, super, and complex planning matters. Both roles exist in the disability and aged care space, and which one you need depends on your situation.

Do I need a lawyer to set up an enduring power of attorney? You can complete the forms without a lawyer in most states, but the documents must be executed correctly to be valid. A solicitor ensures the drafting reflects your intentions, that execution requirements are met, and that the document will be accepted by banks and other institutions when needed.

What happens if I don’t agree with my NDIS plan funding decision? You can request an internal review from the NDIA within three months of the decision. If the outcome of that review is still unsatisfactory, you can apply to the Administrative Appeals Tribunal. A disability lawyer can advise on whether your grounds for review are strong and what evidence to include. Advocacy organisations can also help with this process at no cost.

How do I find a financial planner in Australia with aged care accreditation? The Financial Advice Association Australia maintains a directory of members at fpa.com.au. You can filter by specialty, including aged care. Ask any prospective adviser directly whether they hold the RG 146 Aged Care qualification and how many aged care clients they currently work with. MD Home Care can also help connect you with professionals serving Australia.