topic Re: What do I do? in Community Spirit

What do I do?

punch*drunk — Fri, 05 Apr 2013 00:09:08 GMT

My dad is suffering from dementia, last weekend we were camping and his phone went flat. He recharged when he got home and coincidentally was contacted the same day by telemarketers claiming to represent Telstra.

The first I knew about it was him telling me Telstra will be sending him a letter about his phone....he cant remember anything else about the call, but I have checked the number and its definitely telemarketing.

So what do I do? Try and ring them and fix it up now or wait it out until the letter comes. Bearing in mind I'm not the account holder and I'm not 100% sure what, if anything, he's signed up for.

Is there some kind of cooling off period with these things or will he be locked in if I dont get onto it straight away?

This is the number that he was called by http://www.reverseaustralia.com/lookup/0894244710/

Re: What do I do?

daydream**believer — Fri, 05 Apr 2013 00:12:54 GMT

Usually there is a cooling off period.

Plus, he hasnt actually signed anything yet so i cant imagine he's locked into anything

Re: What do I do?

green.fields — Fri, 05 Apr 2013 00:16:00 GMT

You don't sign for much these days, lots of deals are done via voice recording over the phone.

I would ring Telstra to see if you can find out what's going on, get some sort of incident/call no from them so you have a record. Have Dad on hand in case they won't talk to you he can then talk to them and give permission for you to talk to them. Tell them he has dementia and he can not remember doing any deal and no deal will be taken up.

There was a similar story on ACA I think it was the other night.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 00:16:24 GMT

Thats what I was thinking. I kind of feel an urgency to get it fixed, but I dont even know yet what I need to fix and maybe there isnt anything? I think I just need some reassurance that its ok to wait for a few days to see what arrives in the mail.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 00:18:18 GMT

And i wont be seeing him again until Monday, so it will probably have to wait until then so I can have him on hand, although I'm pretty sure I'm already authorised to speak on his account.

Must recheck that do not call regoster too, i'm I had him on there.

Re: What do I do?

katydidthat — Fri, 05 Apr 2013 00:33:53 GMT

There was a lot of advice on your link, Punch, about getting them to stop calling him.

If your father has dementia (as mine did), he's probably not legally able to make a valid contract due to his illness (no ability to consent).

Re: What do I do?

kengillard — Fri, 05 Apr 2013 00:39:03 GMT

Does anyone have his Power of Attorney? They would have the legal right to operate on his behalf.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 00:43:00 GMT

I have power of attorney in his will, but I'm not sure whether it needs to be enacted or something.

My dad was assessed by an aged care team yesterday and we have various appointments coming up. I think she told me to speak to the geriatrician re power of attorney. We will also be seeing his doctor in the next week or so.

Re: What do I do?

**meep** — Fri, 05 Apr 2013 01:04:57 GMT

Is there some kind of cooling off period with these things or will he be locked in if I dont get onto it straight away?

http://www.consumer.vic.gov.au/shopping/contracts-and-sales-calls/telemarketing

Re: What do I do?

freddie*rooster — Fri, 05 Apr 2013 01:09:11 GMT

There is also an Enduring Power of Attorney:

What is an Enduring Power of Attorney?

It is a power created by a document whereby one person appoints another person or persons to be his or her attorney. An enduring power of attorney will continue to operate even if the person appointing the attorney becomes mentally incapacitated, whereas a general power of attorney becomes null and void on the incapacity of that person.

What is the difference between an Enduring and a General Power of Attorney?

A general power of attorney is valid whilst the donor is of sound mind, whilst an enduring power of attorney is valid until the death of the donor. Most powers of attorney are prepared as enduring powers of attorney for the reason that most donors will want to know that their attorney can sign any necessary documents if they are incapable of doing so.

Re: What do I do?

katydidthat — Fri, 05 Apr 2013 01:09:23 GMT

A POA is usually a separate piece of paper to a will allowing other people to make decisions on a person's behalf. We went through this with my Dad. Thing is, if you don't already have one, it might be difficult to get a lawyer to sign one, because your Dad might not be judged as competent to sign a POA.

http://www.act.gov.au/browse/topics/law-and-justice/wills-estate-planning-and-power-of-attorney

That's for the ACT, but there are links to information on other states.

Re: What do I do?

vampire-teddy — Fri, 05 Apr 2013 01:11:45 GMT

power of attorney can be activated if the person is unable to make clear decisions. my sister and i had to do so for my father recently when he was diagnosed with dementia, he has since been placed in a nursing home as my mother was unable to look after him. we make all his decisions for him now regarding his health as well as taking care of all financial transactions.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 01:20:27 GMT

Is there some kind of cooling off period with these things or will he be locked in if I dont get onto it straight away?

http://www.consumer.vic.gov.au/shopping/contracts-and-sales-calls/telemarketing

Thanks, so I have at least 10 days, I can stop worrying about it until next week then.

Re: What do I do?

cherry*135 — Fri, 05 Apr 2013 01:21:10 GMT

I know you aren't in NSW, but I these are our laws for a telemarketers and cooling off period. You should be able to find similar for your state.

Contract and cooling-off period

If a consumer agrees to buy something from a telemarketer or salesperson, they must be given a written copy of the contract and be informed of the cooling-off period.

A 10-business day cooling-off period now applies, during which consumers can cancel a purchase without penalty.

NSW Fair Trading

Re: What do I do?

cherry*135 — Fri, 05 Apr 2013 01:22:43 GMT

Usually there is a cooling off period.

Plus, he hasnt actually signed anything yet so i cant imagine he's locked into anything

Telecom telemarketing companies take a digital voice sign up at the end of the call if the customer agrees to take up their service. They do not send out contracts to be signed.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 01:23:05 GMT

A POA is usually a separate piece of paper to a will allowing other people to make decisions on a person's behalf. We went through this with my Dad. Thing is, if you don't already have one, it might be difficult to get a lawyer to sign one, because your Dad might not be judged as competent to sign a POA.

http://www.act.gov.au/browse/topics/law-and-justice/wills-estate-planning-and-power-of-attorney

That's for the ACT, but there are links to information on other states.

When he did his will he set me up as medical and financial power of attorney, it was recommended by the solicitor at the time. I looked at his will a while ago and its definitely there, it may be on a seperate piece of paper, cant really remember, I will check that when I'm there next week too.

So much red tape :_|

Re: What do I do?

cherry*135 — Fri, 05 Apr 2013 01:24:10 GMT

Missed meeps link, before I posted.

Re: What do I do?

**meep** — Fri, 05 Apr 2013 01:25:06 GMT

Thanks, so I have at least 10 days, I can stop worrying about it until next week then.

You have 10 business days from receiving the agreement document.

Re: What do I do?

punch*drunk — Fri, 05 Apr 2013 01:26:56 GMT

You have 10 business days from receiving the agreement document.

The only thing he remembered was that they were sending him something in the mail, so I'll give it a few days to see if it turns up before I start making phone calls.

Re: What do I do?

cherry*135 — Fri, 05 Apr 2013 01:27:22 GMT

The telemarketers most likely were not from Telstra. They start the call saying I would like to chat to you about your Telstra landline or similar. They businesses name also may have a similar name to Telstra.. starting with Tel.... They do give the impression they are from Telstra or part of Telstra.

We get many of these calls where I work. I have straight out asked them if they are Telstra and they say no.

My boss signed up for a new phone service (we were still under contract with another telco) and I had to fix it up in the cooling off period.