POA needs financial help

Discussion in 'Wills and Estate Planning Law Forum' started by mary1954, 30 May 2019.

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  1. mary1954

    mary1954 Member

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    Hello
    I am one of 5 siblings with my eldest sister being POA and ENDURING GUARDIAN
    for both our parents. Our parents are self funded with 2 commercial properties.
    The home was sold as a bond was needed for both parents to enter a nursing home. Mum is at the nursing home but dad caused issues with his behaviour at several homes and so we currently rent a small home with my sister and private carers helping. Dads behaviour
    ( dementia ) has become too hard to handle that my sister has had to leave her work and become a fulltime carer (60+ hours per week). My sister also has her own family with teenage children, there is no husband. She is living off her superfund which I think is not fair.I have a disability and can not help and the other siblings say they are too busy. My eldest sister is POA and according to the law, she can not pay herself a wage and she can't get centrelink help because our parents have $$$$. My other siblings could care less because they think she was wrong to sell the house and therefore don't want to come to agreement for eldest sister to some sort of payment. Does she have any other options?
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    Your sister may be able to claim Carer Allowance which is currently $129.80 each fortnight, there is no asset test and it is not assessed on your parents' income. It's not a huge amount of money but it all helps. I cared for my father some years ago when he had dementia and it was the hardest job I ever did. The Carer Allowance put some fuel in the car each week and helped me get him out and about which he enjoyed.

    My father had behavioral issues and even just trying to get respite care in a nursing home would see the home calling me before the end of the 1st day asking me to come and pick him up. He was eventually referred to a specialist geriatric unit as an inpatient. They assessed and diagnosed him over a number of weeks and they were also able to come up with a management plan to suit his complex medical conditions. I was then able to get a nursing home to accept him as the management plan made it much easier for them to care for him.

    "There is no assets test for Carer Allowance but there is an income test. To get Carer Allowance your and your partner's combined adjusted taxable income must be under $250,000 a year."

    Carer Allowance - Eligibility rules - Australian Government Department of Human Services

    Good luck to her.
     
  3. Rod

    Rod Lawyer
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    In which State does your sister live?
     
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  4. mary1954

    mary1954 Member

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    thank you Samantha.
     
  5. mary1954

    mary1954 Member

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    Hello Rod
    We live in NSW.

    like Samantha said, Centrelink will give $129.80 a fortnight.
    Not much help when she still needs to pay for her own utilities and family expenses. She has teenagers.
    I insisted her family have all their meals with dad since she cooks them.
    What happens if her super runs out? Our parents have the money to pay a wage.
    My dad trusted her the most and now she finds herself in this situation.
    People really need to think about what that instructions they leave in POA and Guardianship papers because when there is money involved, people change.
    Carers are wonderful people that are not appreciated enough.
     
  6. Rod

    Rod Lawyer
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    See a NSW lawyer. I'm in Vic.

    It may be possible to seek a declaration from NCAT or court saying she is not in breach of her POA duties if paid a wage.
     
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  7. SamanthaJay

    SamanthaJay Well-Known Member

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    Mary, is it possible that she may be entitled to a part payment of a Carer's Payment as well? This one is obviously income tested and I'm not sure how it works with her own super.

    If your sister hasn't yet applied for the Carer's Allowance, a tip for when the doctor fills out the medical part, tell the doctor about the worst possible days your father has rather than the better days like I did at first. My first claim was knocked back. Someone at Centrelink told me to go back to the doctor and tell them about the bad days, not the good days.

     
  8. mary1954

    mary1954 Member

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    Hi Sam
    It is not possible as my parents have $$$$ in assets that generate an income which pays for nursing home fees and dads carers. Centrelink suggestion was for her to apply for newstart(meaning she needs to be looking for work). There is also enough money in bank accounts which could pay a modest wage - so it looks like she may have to go to court as Rod suggested.
    thanks for your help Sam and Rod
     
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