Charging for room in nursing home

Is it legal to charge daily accomodation when organisation knew we had no access to mothers assets?After 10 months this has nearly drained her assets. Awaiting sale of house. If we sell house and pay refundable deposit nothing is refunded. Anyone I can speak to.

Hi Watki2,
I believe I understand your question. Your mother has been in a nursing home for the last 10 months and over this time you have been paying a daily accommodation payment (DAP) while you were waiting for your mothers house to sell. When your mothers house does sell, you will have available assets to stop paying a DAP and instead pay a Refundable Accommodation Deposit (RAD).
If this understanding is correct, then yes, it is correct that none of the DAP payments are refunded. It is for this reason that whenever it is possible, it is encouraged that people pay a RAD or part RAD as this amount is refunded when leaving a nursing home where as a DAP is not.
You can read more about how RADs and DAPs work here on our website.
https://www.agedcare101.com.au/aged-care/working-out-your-finances/doing-the-sums
I hope this helps clear up the confusion.