Aged Care - Business that can help with Centerlink Applications

**101RRS** · 9th December 2020, 08:02 PM

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

**Tote** · 9th December 2020, 08:34 PM

You need a power of attorney before that borderline Alzheimer's becomes diagnosed. Then you could deal with the investments on his behalf.

Regards,
Tote

**101RRS** · 9th December 2020, 10:51 PM

Originally Posted by Tote

You need a power of attorney before that borderline Alzheimer's becomes diagnosed. Then you could deal with the investments on his behalf.

Regards,
Tote

Unfortunately (or fortunately depending how you look at things) he passes the test, only just, so the PoA that I have cannot be enacted.

**Saitch** · 10th December 2020, 08:06 AM

Hmmm, I recently had EPOA for both my parents, (who were of sound mind at the time) and they formally 'Handed Over', for want of the correct term, control to me.

Good Luck with it and don't let the bureaucratic bungling get to you, too much. It will get to you and sadly, there's naught to be done about it.

**101RRS** · 10th December 2020, 10:40 AM

Originally Posted by Saitch

Good Luck with it and don't let the bureaucratic bungling get to you, too much. It will get to you and sadly, there's naught to be done about it.

Thanks - these agencies do cause a high level frustration. I am surprised the government does not provide a service to help navigate their processes but then I guess if they can stop someone obtaining their entitlements, they consider it a win and saves money.

**Tote** · 10th December 2020, 02:35 PM

Similarly I hold a POA for my mum. My understanding is that once it is signed and witnessed it becomes "live" ie I can use it to control her finances regardless of her state of health. At the moment it just sits in the safe as I don't need it but it certainly makes things easier in the event that she became incapacitated.

Regards,
Tote

**101RRS** · 10th December 2020, 02:50 PM

Originally Posted by Tote

Similarly I hold a POA for my mum. My understanding is that once it is signed and witnessed it becomes "live" ie I can use it to control her finances regardless of her state of health. At the moment it just sits in the safe as I don't need it but it certainly makes things easier in the event that she became incapacitated.

Regards,
Tote

No that is not correct. In addition to the actual POA document you also need a document that says the person is no longer competent to make their own decisions - this stops the person who has POA abusing their position behind the back of person who is the subject of the POA. Remember a POA and EPOA only come into play when the principle is no longer able to make their own decisions (health and finance wise)

I am sure you would always do the right thing, but there are many family members who will try to rip the principle off.

I have authority to operate my Uncle's bank account, but when I tried to open a modern bank account in his name, I needed the POA and a letter saying he is not competent to make his own financial decisions - so as he is competent, no new bank account. If I could get my Uncle to the bank I could do it, but he wont go as he thinks his old Seniors Passbook is all he needs but in the modern world it just does not work - difficult to use.

Garry

**Ferret** · 10th December 2020, 02:52 PM

Originally Posted by Tote

Similarly I hold a POA for my mum. My understanding is that once it is signed and witnessed it becomes "live" ie I can use it to control her finances regardless of her state of health. At the moment it just sits in the safe as I don't need it but it certainly makes things easier in the event that she became incapacitated.

Regards,
Tote

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.

**Tote** · 10th December 2020, 02:54 PM

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.

Mum's is an EPOA, I might have to read through the accompanying documentation again.

Regards,
Tote

**austastar** · 10th December 2020, 06:48 PM

Hi,
In Tas I think it can be either immediate or dependant on a triggering event specified at the time of registering. i.e a Dr's certificate of incompetence or a request by the person due to circumstances.
PoA ceases upon death unless it is an Enduring PoA.
Cheers

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