Wednesday, April 12, 2017

Legal capacity

The ability to make your own decisions is called 'capacity'.

The Capacity Toolkit is a guide from the NSW Justice Department to assessing a person's capacity to make legal, medical, financial and personal decisions.

The contents of the Capacity Toolkit.

Foreword

    Section 1
  • Capacity at a glance
  • Who is the Toolkit for?
  • How do I use the Toolkit?
    Section 2
  • What is capacity?
    Section 3
  • Capacity assessment principles
  • When should capacity be assessed?
  • Who might assess capacity?
    Section 4
  • Tips on assessing capacity - what do I need to know before I start?
    Section 5
  • Assessing capacity in each area of life
  • Personal Life
  • Health
  • Money and Property
    Section 6
  • Assisted decision-making
  • How can I support a person to make their own decision?
  • Resolving disagreements
    Section 7
  • Other Resources
  • References
See

Capacity Toolkit Factsheet
justice.nsw.gov.au/diversityservices/Pages/divserv/ds_capacity_tool
Including "The person assessing you should look at your ability to understand the decision and not judge if the decision is good or bad."

Thursday, October 20, 2016

Thoughts for those left behind

Under the heading Have a thought for those left behind

If a death in the family results in a war zone with the attendant legal costs and bad feeling, something has gone badly wrong.
The Deceased’s memory will be tarnished. Try to keep it simple.
Testators should not leave the Will to the last minute, especially if their judgement is declining.

This tip is one of 10 on the page
lawanddisorder.com.au/EzineOctober2016.pdf
Paul Brennan highlights the ten legal things that you need to know to either ensure that your Will will be done correctly or to prevent someone else’s Will being done to your detriment.

Monday, January 12, 2015

Life Events in NSW

This site includes links for the following topics:
Caring for Others - caring for people living with disability, mental illness, chronic condition or who are elderly. Services to help manage care responsibilities effectively.

Retirement - information about important post-career considerations, such as aged care, housing, income planning.

Death and Bereavement - support services; planning for death (Making a will); planning a funeral; registering a death and settling an estate.

Community - community funding programs, volunteering, environment and sustainability initiatives, diversity programs and homelessness resources; aimed at delivering on our community development goals.

Living in NSW also includes:
Relationships - Marriage certificates; Getting married; Registering a marriage; Changing your name after marriage; Registry office marriages; Divorce and the legal issues around separation & de facto relationships.

Starting a Family - The health and wellbeing of children up to 8 years old and their families; care for yourself and your baby; reference guide for women who are pregnant; registering the birth of your child; infertility; fostering & Adoption.

Property
Buying - advice about NSW government initiatives; such as, the First Home Plus Scheme, the Mortgage Assistance Scheme and the NSW Home Builders Bonus.
Selling a property; guidance to using an agent; Capital gains tax; retirement villages; Council Rates and Charges.
Strata schemes and your rights and responsibilities; advice and advocacy for tenants; sharing housing.

Victim Support - links to support, counselling and information services for victims of crime; information and advice about reporting crimes and making complaints.

Friday, October 24, 2014

What is an AEG & a ePOA?

Appointment of Enduring Guardian (AEG) is for health and lifestyle decisions should you totally or partially lose capacity.
Ask yourself: who would you trust to make decisions such as this on your behalf?
Should it be more than one person?
If so, would both have to agree?

Enduring Power of Attorney (ePOA) is for financial and business decisions should you totally or partially lose capacity.
Ask yourself: who would you trust to make those types of decisions.
Plus when would you want the power to start? Immediately or when a doctor considers you incapable of making decisions for yourself?

Tuesday, September 16, 2014

My Aged Care

The My Aged Care website has been established by the Australian Government to help you navigate the aged care system.
So if you need help yourself, or help caring for a friend or family member this is where to start:
myagedcare.gov.au/what-help-can-i-get

For most people, living independently in your own home is what you want. Sometimes a bit of help is needed:
myagedcare.gov.au/help-home

From time to time carers may need some extra help and support:
myagedcare.gov.au/caring-someone

Search is easy; just put your postcode into the form on this page:
myagedcare.gov.au/service-finders

In 2014 the Australian Government is implementing a $3.7 billion package of aged care reforms.
Australia has a growing population of older people and they are challenging the current aged care system.

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