Aged Care - Business that can help with Centerlink Applications

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Originally Posted by Ferret

Different laws in different states I guess but in general the powers granted by a POA cease when the person becomes of unsound mind. An EPOA is required to continue to act financially should mental capacity be lost.

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Yes I guess that different states are not the same. Either that, or you have been given the wrong advice. My mates wife (no relation) in WA has enduring POA from me as I live overseas, and she has had it for about 15 years without a problem. She can also sign on my bank cheque account.
It was set up by a lawyer whom is also the executor of my Will.

I am definitely of "unsound mind", just not legally! [bighmmm]

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Originally Posted by Old Farang

Yes I guess that different states are not the same. Either that, or you have been given the wrong advice. My mates wife (no relation) in WA has enduring POA from me as I live overseas, and she has had it for about 15 years without a problem. She can also sign on my bank cheque account.
It was set up by a lawyer whom is also the executor of my Will.

I am definitely of "unsound mind", just not legally! [bighmmm]

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No I haven't been given the wrong advice and how is your case different to what i said?

While you are not crazy the powers you grant somebody via a POA and a EPOA are essentially the same. But once you loose your marbles (via dementia or accident which renders you mentally incapacitated) that the powers you granted someone via a POA cease. However, if you originally granted those powers to someone via EPOE they remain in effect.

The details are a probably a bit different among the states but the essence of it is pretty much the same everywhere.

Legal Aid WA: - Power of attorney

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What if the person was mentally well when they made the power of attorney but now is not well?

A power of attorney is not valid once the donor loses legal capacity, eg because of an illness.

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Legal Aid WA: - Enduring power of attorney

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How is an enduring power of attorney different to a power of attorney?

Unlike a power of attorney, an enduring power of attorney remains valid after the donor loses legal capacity.

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Thanks - nice discussion but back to my question - does anyone know of an organisation in NSW that can assist in navigating the Centrelink minefield with respect to applying for the Commonwealth Seniors Health Care Card? [thumbsupbig]

Garry

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Originally Posted by Ferret

No I haven't been given the wrong advice and how is your case different to what i said?

While you are not crazy the powers you grant somebody via a POA and a EPOA are essentially the same. But once you loose your marbles (via dementia or accident which renders you mentally incapacitated) that the powers you granted someone via a POA cease. However, if you originally granted those powers to someone via EPOE they remain in effect.

The details are a probably a bit different among the states but the essence of it is pretty much the same everywhere.

Legal Aid WA: - Power of attorney



Legal Aid WA: - Enduring power of attorney

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Sorry, didn't realise that you are a lawyer! Before you jump on somebody better make sure of your facts. My comment WAS NOT directed at you about advice given, rather it was about difference between the states.

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While you are not crazy the powers you grant somebody via a POA and a EPOA are essentially the same

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No, they are NOT anywhere near essentially the same. A POA can be given for a SPECIFIC purpose, which immediately expires once the action has taken place. An enduring POA stays in place until revoked, regardless of mental condition. There would be no point in having an enduring POA if it wasn't.

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Originally Posted by 101RRS

Thanks - nice discussion but back to my question - does anyone know of an organisation in NSW that can assist in navigating the Centrelink minefield with respect to applying for the Commonwealth Seniors Health Care Card? [thumbsupbig]

Garry

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Sorry, I cannot help you with that and did not intend to steal your post.

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Originally Posted by 101RRS

Thanks - nice discussion but back to my question - does anyone know of an organisation in NSW that can assist in navigating the Centrelink minefield with respect to applying for the Commonwealth Seniors Health Care Card? [thumbsupbig]

Garry

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Perhaps make an appointment with a Centrelink Financial Advisor. For us, it was a 'One on One' meeting, in a private room and the Advisor went through all our details and clearly explained our position.


p.s. and they don't have a 'Vested Interest' in proceedings, either. That's for the 'Conspiracy Theory' thread.

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Originally Posted by Saitch

Perhaps make an appointment with a Centrelink Financial Advisor.

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Thanks for that advice - just rang them but they are unable to help.

Cheers

Garry

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Originally Posted by 101RRS

Thanks for that advice - just rang them but they are unable to help.

Cheers

Garry

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Is the old fella a returned serviceman by any chance. The RSL love these type of things.

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Originally Posted by 101RRS

My Uncle is 85, border line alzeimers, lives in a nursing home, has all his assets in managed funds and as such is not entitled to even a part aged pension (assets test). He set the funds up years ago and does not have a finance advisor and actually these funds do quite well.

A couple of years ago his Commonwealth Seniors Health Care Card was taken off him because for just one year his income went over the income limit. Normally his income is well below the threashold.

For the last year I have been trying to navigate the Centerlink process to get his Health Care Card back but I gave up as it is impossible. They take the card off an individual if income in a tax return is above the threashold but do not give it back if the income is less than the threashold - there is a painful process that has to be gone through. The main issues relate to his investments and as they are not my investments I am unable to deal with the investment companies and my uncle is not really competent to deal with them. Adding to this he is located 400km away from me.

I have asked his accountant if they are able to help with the applications but they are not interested. I contacted Seniors Australia and again no help, contacted Retirement Essentials but they are really just a post box and charge $400 for the service with no real assistance offered.

So, does anyone know of an organisation in NSW can assist seniors work through the Centrelink process?

Thanks

Garry

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When I retired I was forced to roll over my super into a managed fund (Aus Gov super).
Turned out that the fund manager was very savvy re the tricks and delays that Centrelink used.
She was happy to deal with them on my behalf. I said don't bother the part pension and card isn't worth the hassle, but she said oh no you're entitled to it and I'll get it for you.
Don't know if they all do that but it would be worth asking around.
Terry

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Originally Posted by Old Farang

Is the old fella a returned serviceman by any chance. The RSL love these type of things.

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Sorry not ex serviceman.

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Originally Posted by rover-56

Turned out that the fund manager was very savvy re the tricks and delays that Centrelink used.
She was happy to deal with them on my behalf. I said don't bother the part pension and card isn't worth the hassle, but she said oh no you're entitled to it and I'll get it for you.
Don't know if they all do that but it would be worth asking around.
Terry

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He does not have a Fund Manager, that is why I hoped his accountant would be able to help but was not the case.

Thanks

Garry