Agreement · Elder Law & Powers of Attorney / Guardianship
Family accommodation (granny flat) agreement with independent advice certificates
Written family accommodation agreement giving an older person a right to occupy for life in exchange for a transfer or payment, with care, cost-sharing, exit and repayment terms, designed to meet the CGT exemption conditions and reduce elder financial abuse risk.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia, Commonwealth, New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an older person transfers money or property to a family member in exchange for a home for life. The older person must get independent legal and financial advice. Do not use if the arrangement is commercial, or if there are signs of pressure or lack of capacity.
How AI may be used
AI may assemble the agreement from the structure the lawyer has chosen and the family's instructions, and model pension and tax scenarios from rules the lawyer specifies. Independent advice to the older person and the undue influence assessment stay with lawyers.
AI may
- Populate the agreement from the lawyer's chosen structure and instructions, listing gaps
- Prepare a schedule of contributions and a repayment calculation table from figures supplied
AI must not
- Must not advise the older person or the family members, or treat them as one client
- Must not assess pension, CGT or duty outcomes as final advice
- Must not omit the exit and repayment terms to simplify the document
The lawyer checks
- Separate lawyers and independent advice for the older person
- CGT exemption conditions in s 137-15 met, and social security advice obtained
- Exit events, repayment formula and security for the older person
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Elder Law & Powers of Attorney / Guardianship · Tasks and AI use in this area