Requirements to enter into Aged Care
If you do not have a current and valid Enduring Power of Attorney you may be delayed access to Aged Care facilities.
Many people have a Will in place but they neglect to appoint an Attorney who can make decisions for them if they lack the capacity to make such decisions themselves. As people age, their ability to make decisions diminishes and generally the family (often that person’s children) are needed to offer assistance. Unless the person has an Enduring Power of Attorney in place, the family can often be frustrated by red tape and not be able to make all the decisions they feel is best for that person. If the person then needs to move into Aged Care, the situation can be compounded.
The majority of Aged Care facilities now list a certified copy of a current Enduring Power of Attorney as a compulsory requirement before granting a person a place in the facility. Without the document, access can be delayed and if the person no longer has the capacity to make an Enduring Power of Attorney then the family will be forced to make an application to the Queensland Civil and Administrative Tribunal which is a lengthy and often emotionally taxing experience.
If you know of someone who is about to move to an Aged Care facility and they do not have a current Enduring Power of Attorney, they need to have this matter addressed as soon as possible otherwise they may miss out on a place.
McLaughlins Lawyers can assist in the preparation and execution of estate planning documents including Enduring Powers of Attorney, Wills and Advanced Health Directives.