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Launch of Private Guardians Manual and New Fact Sheets
The Hon Katrine Hildyard, Minister for Disabilities, launched the new Private Guardians Manual in plain language style on Thursday 23 November 2017. The manual is also available in ‘easy read’ format. The Minister also launched three ‘easy read’ Fact Sheets – ‘Guardianship and the Public Advocate’, ‘Informal Arrangements’ and ‘Consent to Medical and Dental Treatment’.
South Australians with complex communication needs who need to be interviewed by police or attend court can now access the Communication Partner Service. Watch Public Advocate and Chair of the Disability Justice Plan Advisory Group Anne Gale, Chief Executive of Uniting Communities Simon Schrapel and Chief Executive Officer of JFA Purple Orange Robbi Williams discuss the service which operates between 7am and 10pm, seven days a week.
In 2016 the Australian Guardianship and Administration Council finalised the rewriting of the National Guardianship Standards in easy english.
National Carers Week 2016 will be celebrated throughout Australia from 16-22 October. National Carers Week is about recognising and celebrating the outstanding contribution Australia’s 2.8 million unpaid carers make.
It is never too early to plan ahead.
Planning Ahead is about taking control of your future. It means that your choices will be known and acted on if you cannot express them yourself at some time in the future.
This may happen if you have a sudden accident, become very ill or develop a condition that affects your memory and your planning ability.
Thinking about your future and making your wishes known in advance can help reduce family stress and conflict during times of crisis.
It is important for all adults to understand the benefits of early planning. A suite of legal tools is available to help secure your future health, financial, legal and personal choices – such as an Advance Care Directive, Enduring Power of Attorney, Will and registration for Organ and Tissue Donation.
Planning Ahead Week 2016 provides an opportunity to think about taking control of your future:
· Talk to your family now about your future wishes.
· Act now to protect your future rights, wishes, values and preferences.
The Attorney-General, Senator the Hon George Brandis QC announced a new Inquiry for the ALRC on 'Protecting the Rights of Older Australians from Abuse' on 24 February 2016.
The ALRC released an Issues Paper on 15 June 2016 and called for submissions from the public. Submissions closed on 18 August 2016.
The ALRC will release a Discussion Paper in late 2016 with proposals for reform, and will again call for submissions.
The reporting date is May 2017.
The Office of the Public Advocate made a submission – to view our submission click here.
We look forward to the Discussion Paper being released later this year.
September 12-16 is Planning Ahead Week and it’s time to take control of your future!
Depending on your stage of life or circumstances you can decide which of these tools will help you plan ahead..
- Appointing an attorney through an Enduring Power of Attorney who can manage legal and financial affairs if you are no longer able to.
- Make an Advance Care Directive which is a legal document where a person is able to write down his or her instructions, wishes and preferences for future health care, accommodation and personal matters, and/or appoint one or more substitute decision makers who are people chosen to made decisions on his or her behalf in any period of impaired decision making capacity, or as determined by the person.
- Making a Will to appoint an executor and to direct your estate to be distributed according to your wishes on death
Where can I get additional advice?
You can get advice from the Office of the Public Advocate Information & Advisory Service on 08 8342 8200 and Legal Services Commission information service on phone number 1300 366 424.
The annual report for 2014-2015 has been tabled. To view the report please click here.
Abuse of Enduring Power of Attorneys: A number of recent matters that have come to the attention of our Office, prompts this warning about the risks of financial abuse of older people, and the potential abuse of enduring powers of attorney.
Enduring Powers of Attorney are excellent tools to plan ahead and all adults should consider having one. In making an EPA people should also be aware of potential risks. A few simple precautions in setting up EPAs can help stop fraud in the future. The benefits of having a carefully prepared EPA outweigh the risks.
The EPA enables a person to appoint another person (or persons) to act on his or her behalf to make decisions about financial, property or legal matters should there come a time when the person is unable to do so themselves due to legal incapacity.
However the EPA can also be a tool of financial abuse and it is often older people who are the victim.
People who are appointed by an EPA must know that they have an absolute and unconditional duty to act in the best interest of the person who appointed them. If an appointed person acts improperly, he or she can be held personally and criminally liable.
When we make an Enduring Power of Attorney we can all take precautions to prevent such abuse. These include considering the following.
- The need to carefully choose the person who will act as your Attorney. This must be a person you can trust to act in your interests.
- Making other people you know aware of who you have appointed so they know what is happening.
- Appointing two people and require that they act jointly instead of relying on one.
- Making it a condition of your EPA that someone else (eg another family member or friend) receives copies of bank and other financial statement and regular reports from your Attorney.
- Requiring that a doctor must certify any “legal incapacity” before the EPA comes into force.
- If you still have concerns then require that your affairs are independently audited each year. There is a cost to this.
- Consider limiting the attorney’s power to deal with major assets such as selling or mortgaging your home. (This can make arranging future accommodation difficult though.)
Advice about setting up an EPA or updating an existing EPA can be obtained from your family lawyer, the Legal Services Commission, or the Public Trustee.
If there are concerns about potential financial abuse or elder abuse the Office of the Public Advocate Enquiry Service is available to call as well as the Aged Rights Advocacy Service.
For information about preparing an EPA:
Your family lawyer
Legal Services Commission of South Australia: 1300 366 424
Public Trustee (08) 8226 9200 or country toll-free on 1800 673 119
Enquiries about potential abuse:
Office of the Public Advocate: (08) 8342 8200 and 1800 066 969 (country callers.)
Aged Rights Advocacy Services: (08) 8232 5377 and 1800 700 600 (country callers)
From 30 March 2015 the responsibilities of the Guardianship Board of SA will be taken on by the new SA Civil and Administrative Tribunal (SACAT). Applications which have been made to the Guardianship Board for orders or decisions will go to the ‘Community Stream’ of SACAT. The Tribunal will have the power to make orders and decisions which are currently made by the Guardianship Board under the Guardianship and Administration Act 1993, the Mental Health Act 2009, the Advance Care Directives Act 2013 and the Consent to Medical treatment and Palliative Care Act 1995.
The Tribunal will also have other areas of responsibility. More information is available on the SACAT website: http://www.sacat.sa.gov.au/