Signing for a parent: powers of attorney and capacity

When a parent moves into care, there's a lot to sign: agreements with the home, forms for Services Australia, and sometimes decisions about the house. Families often assume a son or daughter can simply sign. That's only true if they have the legal authority to do it.

If your parent can still make their own decisions

Your parent signs for themselves, even if they need a lot of help to understand the papers. Family can explain, ask questions, and come to meetings.

Your parent can also register a supporter with My Aged Care. A supporter can ask for and receive information, and pass on your parent's wishes and decisions. But a supporter can't make decisions for them. Registering someone doesn't stop your parent from doing anything themselves. A supporter also can't deal with the means assessment for your parent. That needs Services Australia's own arrangements (see below).

A parent who can decide but finds signing hard can also agree to an agreement without signing it, as long as the home records that they agreed.

If your parent can no longer decide

Only someone with legal authority can act for your parent under the aged care law. That means one of these:

• an attorney under an enduring power of attorney, or a similar document your parent made while they still had capacity;
• a guardian your parent appointed, where the state allows it; or
• a guardian or administrator appointed by a tribunal or board.

Being next of kin, or the person who pays the bills, isn't enough on its own. A home may ask to see the document before anyone signs for your parent.

Which document covers what

Each state and territory has its own documents and names. In general:

• Financial matters, such as paying the room deposit, filling in means assessment forms, or selling the house, need someone with financial authority, usually an attorney.
• Personal and lifestyle matters, such as where your parent lives, may need a separate appointment in some states. In New South Wales, Western Australia and Tasmania this is often called an enduring guardian. In South Australia, personal matters are covered by an Advance Care Directive.

Check what each document says, and whether it has already started. Some only start once a doctor confirms your parent has lost capacity. A document made in another state is generally recognised, but only as far as the state where your parent now lives allows.

Forms for Services Australia

Services Australia has its own process for letting someone deal with it on your parent's behalf, called a nominee arrangement. Anyone completing the means assessment forms for your parent, including an attorney, will need to be registered as a nominee first.

If there's no power of attorney

If your parent can no longer decide and never made an enduring power of attorney, family can apply to the state or territory tribunal. It can appoint a guardian for lifestyle decisions, an administrator or manager for money, or both. The public advocate or public guardian in your state can explain the process.

This can take time, so start early if a move or a house sale is coming. Meanwhile, ask the home and Services Australia what they can accept.

Making a power of attorney now

If your parent still has capacity, this is the time to act. They must understand what they're signing when they make it. Witnessing rules differ between states. A lawyer, or your state's public trustee or guardian, can help.

Where to get help in your state

State or territory	Who can explain the documents	Tribunal for appointments
New South Wales	NSW Trustee and Guardian	NCAT
Victoria	Office of the Public Advocate	VCAT
Queensland	Office of the Public Guardian	QCAT
Western Australia	Office of the Public Advocate	State Administrative Tribunal
South Australia	Office of the Public Advocate	SACAT
Tasmania	Office of the Public Guardian	TASCAT
Australian Capital Territory	Public Trustee and Guardian	ACAT
Northern Territory	Public Guardian and Trustee	NTCAT

In the Northern Territory, the enduring power of attorney has been replaced by a different document, so ask the Public Guardian and Trustee what applies.

The Older Persons Advocacy Network has free advocates who can help if you're worried about how decisions are being made for your parent.

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