Help please with EPA

[polksaladallie]

I know someone who has no-one to name as Enduring Power of Attorney.  Her retirement home is requesting a copy of same when she moves in.

Does anyone know what does someone does in this case?   I didn't think is was compulsory to have one.

TIA

[polksaladallie]

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@punch*drunk wrote:

Are the after medical or financial power of attorney?

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It is all included in the same document.

[polksaladallie]

Thank you Colic.  I have an EPA myself, I don't know what someone does who doesn't have any family or close friends.

[punch*drunk]

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@polksaladallie wrote:

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@punch*drunk wrote:

Are the after medical or financial power of attorney?

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It is all included in the same document.

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Mine arent, and I dont think its the norm to have them as 1 document.

[colic2bullsgirlore]

in NSW if a Private Guardian cannot be found  a public guardian is appointed by the

Guardianship Tribunal

See the PDF link below and contact details for NSW

 

Guardianship Tribunal www.gt.nsw.gov.au (02) 9556 7600 or 1800 463 928 outside Syd. Metro

http://cotansw.com.au/wp-content/uploads/2012/03/Guardianship2.pdf

A Private Guardian

is appointed for adults who are unable to make decisions for themselves because of

a disability. The disability might be dementia, an intellectual disability, brain damage, mental illness or a,severe physical or sensory disability.

Guardianship is therefore different to having a power of attorney, which only deals with financial and property matters and a power of attorney can only be made when you are of sound mind.

In situations where someone suffers a disability and can no longer look after their financial and property affairs and an enduring power of attorney has not been made, the person would need to have a financial manager appointed.

How is a (public) guardian appointed?

If there is no one available or suitable to be guardian or financial manager, the

Tribunal may appoint an independent public official called the Public Guardian or in

the case of financial management, a public figure called the Protective Commissioner.

[freakiness]

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@polksaladallie wrote:

I think a solicitor would be cost prohibitive, and a solicitor doesn't have dealings with doctors, etc.

I'll try to find a government department for her to get sone advice.

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The Office of the Public Guardian provide such services.

[lyndal1838]

If there are two separate people appointed as POA and Guardian it can lead to problems down the track.

While the POA handles financial decisions, the Guardian can only make decisions about health, housing and general personal matters.

If the POA does not agree with these decisions the Guardian has to pay all the expenses associated with  their decision.

My Father had me as Guardian and another family member as POA and there were several times when I thought I was going to have to pay for my decisions.  I authorised a new set of false teeth for my father (arranged through his Nursing Home) and when it came to actually getting them (after several visits to the Home by the provider) it was over a week before the POA would pay for them and both Dad and the Nursing Home were getting very annoyed with me....but I had no authority to actually hand over the money and I could not make a claim on his medical fund for them either.

[freakiness]

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@lyndal1838 wrote:

If there are two separate people appointed as POA and Guardian it can lead to problems down the track.

While the POA handles financial decisions, the Guardian can only make decisions about health, housing and general personal matters.

If the POA does not agree with these decisions the Guardian has to pay all the expenses associated with  their decision.

My Father had me as Guardian and another family member as POA and there were several times when I thought I was going to have to pay for my decisions.  I authorised a new set of false teeth for my father (arranged through his Nursing Home) and when it came to actually getting them (after several visits to the Home by the provider) it was over a week before the POA would pay for them and both Dad and the Nursing Home were getting very annoyed with me....but I had no authority to actually hand over the money and I could not make a claim on his medical fund for them either.

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The Public Guardian and Protective Estates Commission work together.   It is the Guardian's job to check that enough funds are spent on the person rather than the funds being held until death to benefit another person.  They are both answerable to the courts.

If there are no people that are willing to take on the PoA role it might be worth considering those above.  

[lyndal1838]

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@freakiness wrote:

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@lyndal1838 wrote:

If there are two separate people appointed as POA and Guardian it can lead to problems down the track.

While the POA handles financial decisions, the Guardian can only make decisions about health, housing and general personal matters.

If the POA does not agree with these decisions the Guardian has to pay all the expenses associated with  their decision.

My Father had me as Guardian and another family member as POA and there were several times when I thought I was going to have to pay for my decisions.  I authorised a new set of false teeth for my father (arranged through his Nursing Home) and when it came to actually getting them (after several visits to the Home by the provider) it was over a week before the POA would pay for them and both Dad and the Nursing Home were getting very annoyed with me....but I had no authority to actually hand over the money and I could not make a claim on his medical fund for them either.

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The Public Guardian and Protective Estates Commission work together.   It is the Guardian's job to check that enough funds are spent on the person rather than the funds being held until death to benefit another person.  They are both answerable to the courts.

If there are no people that are willing to take on the PoA role it might be worth considering those above.  

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There was plenty of money being spent on my father....he was a self funded retiree and the funds for his Nursing Home were coming from his own funds as were his personal expenses like haircuts, podiatry, clothing etc.

I was pretty sure that I would eventually get the money but I was just annoyed that the holder of the POA would virtually hold my father's needs to ransom to make the point that she was not happy about having to share control of him and his money.