Seniors Law

Seniors and the

Law

South Australian

AN INFORMATION GUIDE

This booklet is designed to inform you of common legal issues and disputes you might face and provide contacts for information and assistance.

To request additional free copies of this publication, contact the Seniors Information Service on 8168 8776. Or visit the website at www.seniors.asn.au

Legal Services Commission Legal AidLegal Help Line1300 366 424www.lsc.sa.gov.au

The Law Society of South Australia8229 0200www.lawsocietysa.asn.au

Office of the Public Advocate8269 7575Country free call: 1800 066 969www.opa.sa.gov.au

Public Trustee8226 9200Country free call: 1800 673 119www.publictrustee.sa.on.net

Office for the Ageing, Department for Families and Communities8207 0522www.familiesandcommunities.sa.gov.au

Council on the Ageing8232 0422www.cotasa.org.au

Office of Consumer and Business Affairs8204 9777www.ocba.sa.gov.au

Consumer Advisory Service8204 9777Tenancies Branch8204 9544

Residential Tenancies Advice8226 8989

Aboriginal Legal Rights Movement 8113 3700 Country free call: 1800 643 222 www.alrm.org.au

Aged Rights Advocacy Service and Aboriginal Advocacy Program8232 5377Country free call: 1800 700 600www.sa.agedrights.asn.au

Multicultural Communities Council of SA8410 0300www.multiwebsa.org.au

Migrant Resource Centre SA8217 9500www.users.bigpond.com/mrcsa

For other enquiries and services contact:Seniors Information Service8168 8776Country free call: 1800 636 368www.seniors.asn.au

Interpreting and Translating Centre8226 1990www.translate.sa.gov.au

Important contacts for legal information and assistance

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Common legal disputes .............................................................................................. 2

Grandparents: parenting and family law ............................................................. 7

Grandparents: family law .........................................................................................11

Reverse mortgages, debts, and becoming a guarantor ................................18

Volunteering ..................................................................................................................25

Accommodation ..........................................................................................................31

Decision-making ..........................................................................................................41

Elder abuse and violence .........................................................................................48

The Law Society of South Australia and the Department for

Families and Communities would like to acknowledge the

Queensland Department of Families & Communities and the

Queensland Law Society Inc which produced the Seniors and

the Law Information Kit from which this booklet was developed.

C ONTENTS

PLEASE NOTE: This material is provided for public information, and, while copyright is asserted by the

South Australian Department for Families and Communities, permission is granted to copy

or use this material without alteration on a not-for-profit basis for the public benefit.

The information contained in this publication is for information only, and is not to be relied

upon as legal advice. You are encouraged to consult a solicitor or call Legal Services

Commission Legal Aid, or a community legal centre, if you are unsure of how the laws apply

to your situation.

The Law Society of South Australia and the South Australian Department for Families and

Communities have made every effort to ensure that the information is accurate and up-to-

date as at March 2009 and do not accept responsibility for any errors or omissions.

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C ommon Legal D isputesWhere can you get help when

you have a personal, legal or

financial dispute?

Have you considered

resolving a dispute personally

or through mediation?

Is legal action required?

F or 38 years, John worked as a cabinetmaker. On retirement,

he and his wife Anne sold their large property in the hills and moved into a smaller, more manageable courtyard home in the suburbs. They brought along with them their beloved Labrador, Lucy. Soon after moving in, John also set up his woodwork in the sunroom of their new home, where he regularly spent his afternoons creating furniture for the Sunday markets.

A month into his new residence, John told his neighbours that he would be taking down the old hedge from the front of the house and replacing it with a six-foot fence. The neighbours were happy for the fence to be built.

Unbeknownst to John, the roots of an old gum tree in his back yard were beginning to interfere with the clay plumbing next door. Not long after the fence was built, the next-door neighbour Eric complained to John that the gum tree had obstructed his plumbing. He demanded that John get the tree removed, otherwise he would have to ask John to pay for the future costs of calling out a plumber. Eric also complained about the appearance of the fence, Lucy’s barking and the sounds of John’s woodworking.

John apologised for the problems with the tree and had it removed. However, Eric continued to complain about the other issues, leaving harassing letters of complaint in neighbourhood letterboxes. John checked Eric’s complaints with the other neighbours. They told him that they had not heard Lucy barking and that the fence and woodworking were not a problem. Trying to resolve the situation, John got a citronella collar for Lucy to reduce her barking. He also went to great lengths to be considerate and reasonable about the noise of his woodworking. But still Eric remained upset, regularly banging on the front door to voice his complaints.

In a situation like this, talking it through with the other person may be the best option. However, you should NOT try to confront them if you feel intimidated by them or if you think your safety might be at risk.

Mediation

While disputes are often resolved by the parties involved, an independent third person, acting as a mediator, can help to reach an agreement. Mediators guide the discussion between you and the other party. They help to arrange a mutually agreed solution while avoiding the costs of lengthy legal proceedings. Mediation can be used for a wide

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J OHN’S S TORY

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range of disputes, including:• neighbourhood disputes• disputes in the workplace• commercial disputes• relationship separation• custodial disputes, and• multi-party or community disputes.

The Community Mediation Service is funded by the State Attorney-General’s Department. It provides a confidential mediation service. Mediators are trained to be impartial and non-judgemental.

Phone: 8350 0376

Sometimes you might not be able to resolve the dispute with the other party, and further action will be required. Mediators can also help to refer you on to other services or agencies in these cases.

These are some of the services you may wish to contact for advice about particular disputes:

Neighbourhood or housing disputes

The Office of Consumer & Business Affairs can provide advice on a wide range of disputes about fencing, retaining walls, trees, property damage and household maintenance, Strata Titles and tenancy issues, water drainage, abuse and harassment. For the Landlord and Tenant

Advisory Service, phone: 8204 9544To contact the Residential Tenancies Tribunal, phone: 8226 8989www.ocba.sa.gov.au

The Legal Services Commission of SA publishes a useful booklet on Strata and Community Titles, which is available at: www.lsc.sa.gov.au/pamphlets/strata_and_community_titles.pdf

For more information, phone: 1300 366 424

The Public and Community Housing Appeal Unit assists with dispute resolution for those living in public housing. Phone: 8207 0080Country Freecall: 1800 676 350

Tenants' Information and Advocacy Service

(TIAS) also provides free and independent advice and support to all customers and clients of Housing SA ( formerly the South Australian Housing Trust, Aboriginal Housing Office, Housing Association and Housing Co-operative).

Phone: 8305 9459Country Freecall: 1800 060 462Visit the website at: www.anglicare-sa.org.au

Noise complaintsContact your local council if you experience unreasonable noise

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levels in your neighbourhood. If the noise is coming from a house party, contact your nearest police station or police on 13 1444.

Discrimination disputes

If you feel you have been treated unfairly because of your age, gender, disability, parental status, religious beliefs, race or any other personal characteristics, you can contact the Equal Opportunity Commission of SA for advice and assistance. Phone: 8207 1977Country Freecall:1800 188 163Hearing/Speech impaired: 8207 1911www.eoc.sa.gov.au

Matters which cannot be resolved by the Commission can be referred to the Equal Opportunity Tribunal for hearing and determination.

Phone: 8204 0285www.eoc.sa.gov.au

Financial and consumer disputes

If you have a dispute with a trader over a product or service, contact Consumer Affairs of the Office for Consumer and Business Affairs.

Phone: 8204 9777www.obca.sa.gov.au

Disputes with Centrelink

If you disagree with a decision made by Centrelink, you should ask for your case to be reviewed by an

Authorised Review Officer. If you still disagree with the outcome, you can advise Centrelink that you want the decision to be reviewed by the Social Security Appeals Tribunal (SSAT).

SSAT provides an independent, informal and quick review of Centrelink decisions and makes recommendations.

Appeals forms are available from Centrelink offices, or call SSAT on 8400 4900, (Country Freecall:1800 011 140) or for the hearing impaired, call toll free on 1800 060 116. Visit the website at www.ssat.gov.au.

Welfare Rights Centre (SA) Inc, is another good option for Centrelink disputes. They provide assistance to people in dealing with Centrelink, including independent

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advice and information about pensions, benefits and allowances. They also provide assistance in negotiating with Centrelink officers and representation with appeals to the Social Security Appeals Tribunal and Administrative Appeals Tribunal.

Phone: 8226 4123.Country Freecall: 1800 246 287.Visit the website at: www.wrcsa.org.au

State Government decisions/actions

The South Australian State Ombudsman investigates and reviews the fairness of administrative decisions and actions taken by state government departments.

Write to the State Ombudsman at:State OmbudsmanLevel 5 East Wing50 Grenfell StAdelaide SA 5000or

Phone: 8226 8699Country Freecall: 1800 182 150Email: ombudsman@ombudsman.sa.gov.auVisit the website at: www.ombudsman.sa.gov.au

The Office of the Health and Community Services Complaints Commissioner helps people resolve complaints about health and community services, including child protection services, when a direct

approach to the service provider is unsuccessful or difficult. Phone: 8226 8666 (Monday to Thursday 10am-4pm)Country Freecall: 1800 232 007Visit the website at: www.hcscc.sa.gov.au

Family or relationship conflicts

In the case of conflict with your partner, your child or another family member, Relationships Australia may be able to help. It has a variety of mediation, counselling and family skills programs available throughout the state. To make an appointment, phone: 8223 4566Country Freecall: 1800 182 325Visit the website at: www.relationships.com.au

Parenting SA also provides a 24-hour Parent Helpline for confidential counselling and support for parents and guardians.

Phone: 1300 364 100 for the cost of a local callVisit the website at: www.parenting.sa.gov.au/helpline

For Translating & Interpreting Services (TIS), contact the Interpreting & Translating Centre (ITC) on 8226 1990 or visit the website at www.translate.sa.gov.au

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G randparents: P arenting and the LawGrandparents play a critical role in

our communities. Many provide

invaluable help and guidance to

others, such as emotional support

in times of crisis, caring for family

members, minding grandchildren

and assisting their families with

major decisions in their lives.

In 2002, the Australian Bureau of

Statistics found that 43 per cent of

children in Australia who received

informal childcare were looked

after by their grandparents.

Some grandparents assume

responsibility for the full-time or

significant care of their

grandchildren just at the time when

they are anticipating retirement or a

more relaxing lifestyle. There are

many services available that can

provide support to cope with the

changes that occur.

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K en and Jan were in their 60s when their grandson

Jake was born. Over the last seven years their daughter Kylie has often left Jake in their care for different lengths of time.

When Jake is living with his mother, she often goes out in the evenings leaving Jake at home alone. Kylie does not allow Ken and Jan to visit her flat, and she often does not have any money for food.

Jake is currently staying with Ken and Jan and says that he does not want to return to live with his mother. Whenever they try to talk about a more permanent living arrangement Kylie gets angry and threatens to take Jake back to live with her.

Children have a right to love their parents and grandparents and not feel they need to choose between them.

Sometimes grandparents have to assume full-time or significant parenting roles for their grandchildren or other young people. This often happens because of family issues such as death, divorce, substance abuse, imprisonment, abandonment and child abuse. In these situations there

are many stresses that grandparents and grandchildren face while adapting to the change in circumstances.

These can include:• lifestyle changes• financial hardship• emotional upheaval• legal difficulties• schooling changes• conflict between the generations.

It is not unusual during this time for children, parents and grandparents to experience strong or conflicting emotions such as confusion, relief, anger, guilt, insecurity, sadness or grief.

Coping with the changes

To help cope with added parenting responsibilities, grandparents need to look after their own well-being. This can include:• balancing time for themselves

with family time• building relationships with people

who share their interests and experiences

• participating in hobbies and activities

• allowing themselves ‘time out’• speaking with those who support

them.Children and young people may ‘act out’ or have behavioural issues when they are struggling with change or sadness. Counselling may

K EN’S AND J AN’S STORY

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help grandchildren to cope with any difficulties. Please refer to the ‘Useful contacts’ section on page 16.

Support can help

There is a range of services and groups that can support you and your grandchildren with your emotional and practical needs.

These include:• grandparent support groups• childcare centres • in-school tutoring• Parent Helpline (please refer to

the ‘Useful contacts’ section on page 16).

Your library, community centre or the Internet are good sources of free information about how to cope with the demands of parenting today.

Things to organise

There are a number of practical matters that need to be organised when you take on the full-time or significant care of a grandchild.

For example:• arranging guardianship if the

child is at risk• arranging for the child to be listed

on your Medicare card• notifying the child’s school of the

change in their residence and primary caregiver claiming any Centrelink allowances you may be eligible for

• thinking about what needs to be done in case the child needs medical or dental care

• obtaining student concession bus and train fares.

Long-term planning

Long-term planning is vital for thestability and emotional well-being of children. If you continue to provide full-time or significant care of a grandchild, there are a number of important questions to consider, such as:• what type of education is

desirable and do you need to enrol the child early?

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• can your house accommodate a larger family?

• who will care for the child should you no longer be able to do so?

• have you made provision in your Will for the child’s future care?

• will your health allow you to cope with the rigours and demands of caring for a grandchild?

• should you report your concerns to a child welfare agency rather than take on the issues yourself ?

• exposing children to harsh criticism of their parents may add to the child’s distress

• seeking counselling or professional assistance for grandchildren may be beneficial for them and can strengthen cases in court actions

• balancing your concerns for your grandchild with the pros and cons of legal proceedings or mediation

• discussion or mediation may be a better way to address your concerns or situation rather than through the legal system

• child protection concerns are a separate issue where urgent action can be taken by the police or Families SA.

Are you concerned about your grandchild’s safety?

To ensure a child remains safe, there are some serious situations that the authorities should be told about. For example:• suspected sexual abuse of a child

• ongoing neglect of children, including inadequate supervision

• excessive physical discipline• scapegoating or other emotional

abuse• repeated exposure to family violence• poor nutrition.

To get advice or to report your concerns, contact Families SA Phone 8226 7000 for general enquiries. Visit the website at www.families.sa.gov.au To report child abuse, contact the 24-hour Child Abuse Report Line on: 13 14 78

The name of any person advising Families SA about suspected child abuse or neglect remains confidential.

If you think the child is at immediate risk, contact police emergency on 000, or telephone Crisis Care (part of Families SA) available 4pm – 9am on weekdays, and 24 hours over weekends.Phone: 13 16 11

Lifeline Australia provides confidential counselling, support and advice on issues which might be affecting you and your family. To contact Lifeline, phone 13 11 14. For more information about Lifeline, visit the website at www.lifeline.org.au

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G randparents: Family L aw

In 1995, changes to the Family Law Act confirmed the importance of children having a relationship with their grandparents, whether they are from a marriage or a de facto relationship.

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M ary moved to Melbourne with her two children after

separating from her husband John. Before they moved away, John’s mother, Gail, regularly baby-sat her two grandchildren and often had them stay with her after school and on weekends. Gail misses them greatly and wishes to visit her grandchildren during Easter and Christmas holidays. Gail has telephoned and written to Mary to ask about arranging this, but her daughter-in-law refuses to let her see them. A friend suggested that Gail should go to the court to get a legal order, but she is concerned about the cost and the effect that a legal battle might have on her grandchildren.

Dispute resolution and counselling

From July 2006, changes to the Family Law Act 1975 have phased in compulsory family dispute resolution ( formerly, ‘family and child mediation’). It is now a requirement that people attend dispute resolution before applying to the courts for guardianship or other orders involving children.

Dispute resolution is used in the Family Court as a way of negotiating family disputes. For

dispute resolution to be successful, all the parties (that is, the grandparents and parents) need to attend and be willing to negotiate. This process can help those affected to:• understand what the dispute

involves• hear everyone’s needs or interests• explore possible solutions• determine the family’s best solution.

Dispute resolution and counselling are preferred ways of resolving disputes informally and amicably. In 95 per cent of cases a settlement is reached before a final hearing in the Family Court.

Grandparents who are in conflict with a child’s parent can seek free counselling through the Family Court. To make an appointment, phone the Family Relationships Advice Line on 1800 050 321 (toll free) or visit the website at: www.familyrelationships.gov.au

Or contact:Relationships Australia (SA) for counselling and assistance on8223 4566. Country freecall:1800 182 325 or visit the website at: www.relationships.com.au

Centacare Catholic Family Services on 8210 8200Country freecall: 1800 114 010 or visit the website at www.centacare.org.au

G AIL’S STORY

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Grandparents support groups

These are groups of grandparents who are caring for, or who have been denied contact with, their grandchildren. They share information and provide support for and social contact with others in similar situations. For a list of groups in South Australia, telephone the Seniors Information Service on 8168 8776 (Country Freecall: 1800 636 368).

Consent Orders and Parenting Plans

If you and the parents can agree, it is wise to write a legally binding Consent Order or Parenting Plan. A Parenting Plan clearly outlines each other’s expectations and roles regarding the child’s up-bringing. Each of you can include aspects that are important to you, such as education, cultural awareness and contact arrangements.

Parenting Plan Kits can be obtained free of charge from the Family Court Registry at Ground Floor, Roma Mitchell Commonwealth Law Courts, 3 Angas Street, Adelaide.

For more information phone:1300 352 000

It is important to seek assistance in developing a Parenting Plan, and,

in order for it to be legally binding, it must be registered at the Family Court or Federal Magistrates Court.

Tip: If your son or daughter is preparing contact agreements with a separated partner, ask them to include contact arrangements between yourself and your grandchildren at the same time.

Family Court applications

When an agreement cannot be reached with the parents about the care of a child, you may want to consider making an application to the Family Court.

For grandparents to obtain legal rights of guardianship, residence or contact, they would need to make an application to the Family Law Courts. The Family Law Courts consist of the Federal Magistrates Court and the Family Court of Australia. Generally, the Federal Magistrates Court deals with less

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complex matters that are likely to be decided on quickly. The Family Court of Australia is equipped to deal with more serious or complex issues, including cases of child abuse or neglect.

You may wish to seek legal advice before deciding on which court to lodge an application for guardianship, residence or contact.

The Law Society of SA can give you details of accredited Family Law specialists if you are making a Family Law application. For more details, phone the legal referral service on 8229 0222.

Did you know? There are future plans to streamline the application process under a ‘combined registry’ of both the Federal Magistrates and Family Courts. This will mean less confusion when making a decision on where to lodge family law applications and orders. For more information email the Combined Registry Project at: combined.registry.project@familycourt.gov.au or visit the Federal Magistrates Court website at www.fmc.gov.au/html/combined.html

Steps to be considered when making a Family Court application include:• finding out if there are existing

orders

• thinking through what the problems actually are

• deciding what kind of contact or conditions you want

• applying for legal aid• consulting a solicitor• locating the court where you want

your application heard (eg near you or the parents’ residential area)

• preparing your application.

To determine the best interests of a child, the court will consider the:• age and wishes of the child• health, age and financial

circumstances of the grandparents• bonding and relationship between

the grandparent and the child• status and circumstances of the

parents • maintaining cultural ties.

Keeping notes

Recalling and providing specific details of events and other information can be difficult and create anxiety. It is wise to keep notes of relevant incidents and/or assistance you have sought for your grandchild in case evidence is needed in future to prove your claims in mediation or the court.

Examples include:• dates your grandchildren attended

counselling• dates of school support sessions• the parent failing to arrive to take

the child for a pre-arranged visit.

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USEFUL CONTACTS

For general information and support on family law issues, contact the Family Relationships Advice Line on 1800 050 321.

Other useful contacts include:

Family Court of Australia, Adelaide RegistryPhone: 1300 352 000 from 8:30am – 5pmEmail: enquiries@familylawcourts.gov.auThis court is able to assist with accessing counselling, conciliation and mediation in metropolitan Adelaide and country South Australia, as well as making decisions about Family Court applications. It also has a range of brochures and booklets about family law and how to manage difficulties arising from the break-up of families. These can be ordered or accessed via the Internet at www.familylawcourts.gov.au or by phoning or visiting the Family Court, Adelaide Registry.

A free family relationships information guide for grandparents can also be accessed through Family Relationships Online at: www.familyrelationships.gov.au

Federal Magistrates Court, Family Law and Child SupportPhone: 1300 352 000 Email: enquiries@familylawcourts.gov.au

Family Relationship Centre, SalisburyPhone: 8255 3323The Salisbury Family Relationship Centre provides information, support and referrals for people dealing with family relationship issues.

Legal Aid To be eligible for legal representation you must meet a means test, a merit test and have a case that falls within legal aid guidelines.

For the cost of a local call, legal aid provides free telephone advice and information. Call the Legal Advice Line on 1300 366 424.Alternatively, visit or contact your nearest Legal Services Commission of SA office. These offices also have a range of information brochures and self-help kits that can be ordered or accessed via the Internet at www.lsc.sa.gov.au

Families SAIf you have concerns about services to a child or any other matter affecting a child or young person, you can contact Families SA, which can provide information and advice and can intervene with a service provider to protect children’s rights, interests and well-being. Phone: 8226 7000For further information, go to www.families.sa.gov.au

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Parent HelplinePhone: 1300 364 100www.parenting.sa.gov.au/helplineThe Parent Helpline is a confidential telephone service provided by Parenting SA. It offers professional counselling and support for carers of children and young people in South Australia. The service is available 24 hours a day, 7 days a week for the cost of a local call.

Child Care Access HotlineThis service provides information about the types of childcare available, locations and hours of operation.

Phone: 1800 670 305 between 8am and 9pm AEST Monday to Friday. Visit the website atwww.familyassist.gov.au

Kids Help LineThis is a free 24-hour telephone counselling service for young people aged five to 18 years. Counselling is provided anonymously and confidentially. Counselling can also be provided via the Internet by emailing admin@kidshelp.com.au

When young people call Kids Help Line they can choose the gender of the counsellor and access the same counsellor each time.

Phone: 1800 551 800For further information, go to www.kidshelp.com.au

Other helpful services include:

Aboriginal Legal Rights Movement The Aboriginal Legal Rights Movement (ALRM) is a non-profit organisation which provides a free legal service to Aboriginal people and their dependants. The ALRM also provides financial counselling services and educational resources.

Phone: 8113 3777Country freecall: 1800 643 222 www.alrm.org.au

Aged Rights Advocacy Service and Aboriginal Advocacy ProgramThe Aged Rights Advocacy Service (ARAS) offers a free, confidential and independent service to older people (or their representatives) who are receiving community based services; living in Commonwealth subsidised aged care facilities; receiving community aged care

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packages, or are at risk of, or are, experiencing abuse.

The Aboriginal Advocacy Program was established to encourage Aboriginal participation in accessing information about consumer rights and protections in the provision of Aged Care services, as well as accessing mainstream services.

Phone: 8232 5377Country freecall: 1800 700 600Visit the website at: www.sa.agedrights.asn.au

Alcoholics Anonymous Alcoholics Anonymous is a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to recover from problem drinking.

Phone: 24-hour service: 8346 4004 or (after hours) 8346 3255 www.alcoholicsanonymous.org.au

Anglicare SAAnglicare runs more than 45 programs in the community, with everything from child care to help with employment. In addition, Anglicare houses more than 450 elderly people in our residential homes, and cares for 330 elderly people in their own homes.

General enquiries, phone: 8305 9200Visit the website at: www.anglicare-sa.org.au

Centrelink Family Assistance OfficeThe Family Assistance Office has been set up by the Australian Government to give Australian families better access to government services. Instead of going to different agencies to get family assistance, families are able to get all their payments and assistance from the Family Assistance Office.

Phone: 13 61 50www.centrelink.gov.au

Guardianship BoardThe Guardianship Board is a court-like tribunal which has the power to make important decisions affecting the lives and property of people with limited capacity to make these decisions for themselves.

Phone: 8368 5600Country freecall: 1800 800 501

Interpreting and Translating CentreThe Interpreting and Translating Centre (ITC) is the Official Government Interpreting and Translating agency of South Australia. It provides comprehensive, high quality, efficient, confidential and professional interpreting and translating services.

Phone: 8226 1990Visit the website at: www.translate.sa.gov.au

Reverse MortgagesD ebts, and Becoming a G uarantor

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Many of us experience difficulties with financial debts at some time in our lives. Knowing how to manage a debt or where to get advice is essential in minimising financial difficulty and the stress it can cause.

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Money matters

Managing money and the repayment of loans is a part of everyday life that can sometimes be difficult.

Generally, if you have signed a contract for credit or a loan, you must repay the full amount borrowed, plus all the interest and charges. It is only possible to be released from a contract if there are special legal reasons, such as having been coerced into the contract or having been misled or deceived.

The Consumer Credit Code and other laws make it illegal for lenders to misrepresent terms, to coerce a person into a contract and to harass a person for debt collection.

Reverse mortgages

Reverse mortgages are sometimes put forward by lenders as a way for older home owners to lower their home loan repayments and access additional cash.

A reverse mortgage works by borrowing money against your home, so that you can delay regular loan repayments until you sell the house, move out or die.

While reverse mortgages may seem enticing, there are a number of issues, risks and disadvantages to look out for.

W hen they retired from work a few years ago, Roger and

Monica found that their regular home loan repayments were preventing them from having some of the financial freedom they had expected from their early retirement years. Originally they had planned on selling their home and leaving for a year or two to travel around the country. But when their granddaughter was born last year, they decided it would be better to stay close to their family, and to remain independent in their home for as long as possible.

Now, instead of a long trip around Australia, Monica is eager to spend the New Year with Roger and the family on a Pacific cruise. Unfortunately, they are finding it hard to set aside the money for things like holidays.

Recently, Monica’s friend mentioned reverse mortgages. She said that there’s a way of borrowing money against your home, so that you do not need to make regular repayments. Monica and Roger are tempted by the idea, but they are uncertain of what it involves and what the risks, responsibilities and commitments might actually be.

ROGER’S AND

MONICA’S S TORY

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It is important to be aware of what is involved in a reverse mortgage loan before you make a decision. With a reverse mortgage, the amount of money you have borrowed against your home and the interest you will accrue for the duration of the loan are payable when the house is sold or when the last co-borrower dies or moves out. Note that joint owners of the house will be signed on as co-borrowers for the loan.

So, while a reverse mortgage frees you from making regular repayments in the short-term, your debt will be much higher in the long-term than it was originally. This is because annual fees and interests will be added to your loan.

There is also the risk that your home might not increase enough in value over time. In this case, your reverse mortgage loan might reach a point where it equals or goes over its original value. Remember also that you can never predict how long you might be able to remain in your home. Unless your lender has agreed to cover your losses in these events, there is a chance that they may ask you to begin making repayments on your loan.

Before you sign a contract for a reverse mortgage, think carefully about the pros and cons involved. Make sure you understand its impact

on your long-term finances. Beware of lenders who do not discuss these issues with you or provide you with adequate information before accepting your application or contract. It may also be worthwhile to discuss these issues with an independent financial advisor or even trusted family members before committing yourself to a contract.

Advantages to consider include:

• You can go on living in your own home, without the need to continue making repayments on your home loan

• The money saved in loan repayments will give you extra cash (usually given as a lump sum) for things like holidays, repairs and renovations around the house, or adding to your income

Disadvantages to consider include:

• Reverse mortgage loans are likely to be much higher than your original loan (often, your amount owing can double in less than 10 years). They may also have higher than standard home loan rates. This means that your lender may end up owning a substantial portion of your home in the long-term.

• The loan may affect your eligibility for age pension payments and other benefits from Centrelink and similar agencies

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• If you need or choose to relocate, you will have to repay your loan. This could limit your freedom of choice and put significant strains on your future finances

• If your reverse mortgage ever equals or exceeds the original value of the house, you may be asked to begin repaying the loan. Some lenders may say they will cover your losses in this event, but it is important that they give you a written guarantee

• If you choose to repay the entire loan early, you will often face an expensive termination fee

• If you are the sole owner of the

house, anyone else who may live

with you may be prevented from

remaining in the home if you

relocate or die• Your estate will be significantly

reduced in value for those who will inherit it.

Issues and alternatives to

consider:

• How long will you want to continue

maintaining your home? Could

moving into a smaller or fully

maintained home be more suitable

for your future needs than taking

out a reverse mortgage on your

existing home?

• If you are concerned about money

and financial freedom, there are

often alternatives to a reverse

mortgage, for example: If you are not eligible for the pension, Centrelink provides a Pension Loan Scheme which is similar to a reverse mortgage but with lower interest rates. But remember that you may not be able to borrow as much money under this scheme as you would with private lenders. For more information, contact your nearest

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Centrelink Disability, Sickness and Carers Service on 13 27 17 or visit the website at www.centrelink.gov.au.Retirement Services: 132 300

The Seniors Information Service can also provide information. Phone 8232 1441 Country freecall: 1800 636 368.

If you are concerned about repairs and maintenance, the Stay at Home scheme is a not-for-profit South Australian service that can refer you to skilled tradespeople who can carry out the work you require and enable you to stay at home. For more information, phone 8130 3900.ACH Group: 8130 3900

Trusted family members and independent financial advisors may also be able to give you helpful advice and assistance on alternatives to committing to a reverse mortgage.

For further information:

The Office for Consumer and Business Affairs has a detailed information page on reverse mortgages for older South Australians, including a useful checklist to help you ask the right questions and make informed decisions when talking to a lender. To find out more, you can contact the Office’s Consumer Advisory Service on 8204 9777

Visit the ‘reverse mortgages’ webpage at www.ocba.sa.gov.au/consumeradvice/matters/mortgages

Debts Experiencing financial difficulties can be confusing and overwhelming.

Options to help manage debts include:• negotiating changes to payments

with creditors until a temporary hardship has passed

• restructuring your loan to suit the change in circumstances

• organising instalments to pay off a legal repayment order.

Small claims or minor debt claimsThe recovery of debts up to $6000 can be handled by going to the civil (minor claims) registry of the Magistrates Court.

Becoming a guarantorBeing a guarantor is a serious commitment. Generally, giving a guarantee in financial matters means that you give an undertaking as a third party to pay the debts and/or other obligations of the borrower in the event that the borrower defaults on their payments.

Defaults on payment of loans often occur when there are changes in a person’s circumstances, such as unemployment, separation, illness or business failure.

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G EORGE’S S TORY

G eorge lived a modest retirement lifestyle and was

usually self-sufficient. A few months ago, he agreed to be the guarantor on his son Tom’s personal loan. Tom used this loan to purchase some equipment for his café. Unfortunately, business at the café took a serious downturn when a chain store competitor opened up on the same street. When Tom could no longer make enough money to pay for his overheads, he was evicted from his shop and soon defaulted on his personal loan.

As his son’s guarantor, George was approached by Tom’s lenders. They demanded that he repay his son’s debt immediately. With interest and advances, the original $2500 debt amassed to $5255. George had always wanted Tom to succeed in his dreams of running a business, and he had not thought his son’s café might fail. Although George had expected to earn dividends from a small long-term investment, a recent downturn in the stock market left him with very little money to spare for his son’s debt. Now the lenders have threatened to take the family heirlooms George’s parents left him when they died. This has put George under a lot of pressure.

Did you know: that becoming a

guarantor could affect your

ability to borrow in the future?

When you apply for loans, you

must disclose any money you

have guaranteed. The amount

guaranteed is considered as

part of your potential debt, in

case you ever have to repay the

defaulted loan plus your

own loan.

For example, if you agree to be a guarantor for someone’s mobile phone contract, the service provider can legally demand that you pay the bills. You are responsible for such phone bills until you cancel the amount – even if the phone was lost or another person made the calls.

It is important to be sure of what the commitment actually involves before becoming a guarantor. For instance:• What is the amount of the loan?• How long is the loan for?• Are penalties incurred if default

occurs?• Does becoming a guarantor affect

your ability to borrow or to gain credit for yourself before the loan is repaid?

• Can further advances on the loan be made without your knowledge or consent?

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Tips to consider

• Seek assistance as soon as you start to experience financial difficulties

• It is wise to inform your creditors of any financial difficulties you are facing, to help protect your credit rating

• Financial advisors and counsellors can help you manage financial difficulties getting out of control and can negotiate with creditors on your behalf

• If someone says you owe them money, ask for details and ensure that the debt actually exists before organising any repayments.

USEFUL CONTACTSThere are a number of issues relating to debts, loans and guarantors. For more information, contact the Office of Consumer and Business Affairs, Consumer Affairs:Phone: 8204 9777www.ocba.sa.gov.auFor a list of licensed financial advisors and more information on loans and reverse mortgages, contact:

Australian Securities and Investments Commission (ASIC)This organisation provides information on how to choose a financial advisor wisely. Its website also has a reverse mortgage

calculator so you can see how a reverse mortgage debt would accrue over time.

Phone: 1300 300 630www.asic.gov.au

Useful material on financial tips and safety checks can also be found on the website www.fido.gov.au, which is run by the Australian Securities and Investment Commission. It includes advice about:

• Loans and credit• Reverse mortgages• Superannuation• Insurance• Retirement income• Managing your money.

National Information Centre on Retirement Investments A government-funded, independent agency which provides practical information on loans and investments.

Phone: 1800 020 110www.nicri.org.au

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V olunteering

Volunteering can have many personal benefits and volunteers are a great community asset.

To avoid negative experiences as a volunteer, you should be aware of a number of important issues.

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MALCOLM’S S TORY

S ince Malcolm retired from his career as a teacher, he has

regularly volunteered for an organisation that assists people with disabilities. He really enjoyed the contact with a broad range of people and has felt a sense of pride that he could continue to contribute something valuable to his community.

Last month, Malcolm’s young client Bob asked if he could take him to the chemist to get his migraine prescriptions filled. Bob had not been able to go himself lately and did not want to wait until next week to get his medication delivered. Malcolm felt sorry for him, so he decided to drive Bob to the local chemist in his own car.

During the trip to the chemist, another car crashed into Malcolm’s car, injuring both him and Bob. Bob is considering suing for the injuries he received in the crash. Malcolm is very worried about whether he might be liable.

Malcolm’s story highlights some of the critical decisions volunteers need to make when working with clients. For example:• Is this situation an emergency? If

not, are there alternatives to using your own car? Policies differ

between organisations. Malcolm may have avoided this dilemma if he had asked about the insurance coverage provided by the organisation and his own personal insurance before he drove his client.

• If you are acting outside of your role as a volunteer, you may not be covered by your organisation’s insurance. Ensure that your supervisor explains your roles and responsibilities.

• What are the potential consequences of you being alone in a car with a client?

• Is the client under 18 years of age? If so, have you had the necessary criminal history check and mandatory notification training?

• Is the client considered to be vulnerable? If so, what precautions do you need to take if you are allowing them to travel and to access medication?

Volunteering allows you to become involved and actively participate in your community. South Australians have one of the highest rates of volunteer work in Australia, with rates of volunteerism increasing every year. In 2008, a survey of 1500 people showed that 49% of South Australians were involved in volunteer work.

Whilst there are many issues a volunteer needs to take into account, becoming involved in your local community is a great way to

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share your knowledge and skills, to stay mentally and physically active, to make friends and to feel a sense of achievement or purpose. Volunteering SA Inc. and the Office for Volunteers are organisations which can provide a range of information about volunteering. Volunteering SA has a state-wide referral service that links people wishing to volunteer with community organisations in their local area.

For more information, you can contact Volunteering SA Inc on 8221 7177 or visit their website at www.volunteeringsa.org.au. To contact the Office for Volunteers, phone 8463 4490 or visit their website at www.ofv.sa.gov.au

Rights and Obligations

Whether you are in paid work or volunteering in organisations, a number of things are required:• You must treat any information

you receive in the course of your work carefully so that you do not breach confidentiality or privacy provisions

• You must not discriminate against people

• You have a duty of care not to harm the client and to alert the organisation if there is possible danger to the client or yourself

• You should ensure that the organisation for whom you are working as a volunteer has insurance to cover any injury you may suffer while working for them.

It is the organisation’s responsibility to:

• Train you and explain what tasks are expected of you and any limitations as to what you are permitted to do as a volunteer

• Ensure that you are capable of carrying out the tasks it expects of volunteers

• Ensure that you are safe when volunteering

• Offer you compensation for out of pocket expenses incurred as a volunteer. Note: Some small community organisations may not be able to do this, but all volunteers working with government are entitled to reimbursement for out-of-pocket expenses.

Legislation

There are a number of Acts which regulate volunteering, charitable organisations, fundraising and personal injury in South Australia.

Did you know?: South Australia was the first state in Australia to shield its volunteers from being sued for events which happen as a result of their volunteer work.

The Volunteer Protection Act 2001 provides personal liability protection to volunteers acting within their duties for incorporated organisations.

A brochure on the Volunteer Protection Act 2001 can be obtained

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from the Office for Volunteers website at www.ofv.sa.gov/volprotection.htmThe Recreational Services (Limitation of Liability) Act 2002 came into operation on 1 July 2003 and changes the law relating to damages for personal injury in South Australia. The new laws apply to service providers and participants of sporting, leisure or recreational activities.

Charitable fundraising activities are governed by the Collections for Charitable Purposes Act 1939, which is committed to the Treasurer.

The Associations Incorporation Act 1985 allows not-for-profit associations to incorporate, provided that they are established for purposes covered by the Act ( for example, religious, charitable, benevolent, medical, environmental, historical, educational, political, sporting and other associations).

Tips to consider• It is important to check that a

charity is legitimate and registered with the Office of Consumer and Business Affairs before you fundraise for it.

• It is also important to know the rules about collection of charity funds, especially for street collections and door-to-door appeals.

• Does the organisation have volunteer insurance? If so, does it stipulate an age range for volunteers? Good policies do not have age limits for volunteers.

• Balance your commitments to volunteering and family to avoid overburdening yourself.

• Check that you are able to do the tasks expected in the volunteer job description.

• Is specialised training required to assist you to perform your preferred type of volunteering?

• Protecting people’s privacy about information they disclose to you is important, but needs to be balanced in risky situations. If you are unsure whether you should share information, ask your supervisor for advice.

• It is not appropriate to exchange money or goods with clients.

• Policies and procedures affect paid and volunteer staff in the same way (eg about what constitutes appropriate conduct and performance). Therefore in certain circumstances volunteers may be dismissed in the same manner as an employee.

If you are planning to volunteer to work with children in government

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departments you will be required to undergo a criminal history check. This applies in some other community service organisations as well.

Other issues to consider

Volunteering as a board memberIf you volunteer as a board member for a community organisation, it is very important to be aware of your potential liability and protection under the Volunteer Protection Act 2001 and the Associations Incorporation Act 1985. While volunteer board members who are carrying out the community work of the organisation are protected under the Volunteer Protection Act 2001, you may not be protected while carrying out your responsibilities as a board member.

The Associations Incorporation Act 1985 does provide volunteer board members with personal liability protection when an association is found liable. However, it is essential that you as a volunteer are acting with reasonable care and diligence in exercising your powers and duties on the board. If you are negligent or acting outside of this duty, you will be found liable to the association for any damage it suffers as a result of your negligence or actions.

Mandatory reporting of child abuseAlthough it is rare, there are certain situations when your

position as a volunteer may make it mandatory for you to report cases of suspected child abuse.If you volunteer for a government department, agency or local or non-government agency that provides health, welfare, education, childcare or residential services for children, you will become what is known as a ‘mandatory notifier’ under the Children’s Protection Act 1993. This means you must notify Families SA, of the Department of Families and Communities when you suspect on reasonable grounds that a child you might encounter in the course of your volunteer work is being abused or neglected.

If you need to report a case of child abuse, phone the Child Abuse Report Line (24 hours, 7 days a week) on 13 14 78.If you think the child is in immediate danger or risk, contact the police on 000.

USEFUL CONTACTS

For more information on legislation and volunteering, training or advice on mandatory reporting and volunteering as a board member, phone the Office for Volunteers on 8463 4490 or visit their website at www.ofv.sa.gov.auTo find out about volunteering opportunities in your local area, contact Volunteering SA Inc on 8221 7177 or visit their website at www.volunteeringsa.org.au

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As you get older, you may want to move into accommodation better suited to your needs. It is important to consider all the options and to be aware of your rights and obligations.

Accommodation

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S ALLY’S S TORY

O ver the last 10 years, Sally’s husband Paul has suffered

with heart disease. He has undergone bypass surgery in the past, but his physical health has deteriorated to the point that he cannot leave the house without enduring pain or severe fatigue.

Sally wants to remain independent, and she knows that Paul does too. Although Paul’s physical health has restricted him in recent years, he is still the same old Paul: as sharp and witty and stubborn as the day they first met. But Sally is unsure how she would manage if it gets harder for her to look after Paul and herself. She wonders what will happen if she can no longer do the shopping, cleaning or household maintenance or if she gets sick or frail herself.

Sally is not sure what type of help, housing or accommodation might be available, or what information there might be about their options, rights and obligations. She is worried that she and Paul will not be able to stay in the same area or find a suitable place or facility nearby. Sally fears she will be isolated from her children and grandchildren, or separated from Paul.

The ‘Home & Residence Choices for Older People’ brochure has information about a wide range of accommodation options. It can help you choose what sort of housing or accommodation will best suit you. To obtain a copy, phone 1800 050 009 toll free or contact your nearest Centrelink Customer Service Centre on 13 27 17.

People who want to remain at home but need additional assistance

There are various levels of community support as outlined below:

Home and Community Care (HACC) provides basic services and care for older people in need, people with disabilities and their carers to help them live independently in the community. Depending on your needs, HACC may be able to help you with cooking, cleaning, banking, bathing, transport, home maintenance and a range of other basic services.

For further information contact Carelink on 1800 052 222 or visit the website at www.carelinksa.asn.au

If you plan to remain living at home, local councils provide home assist. Also the Stay at Home Program is a home modification service available through the Aged Care Housing Group (ACH), funded through the Home &

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Community Care Program (HACC). This metropolitan-wide service links you with skilled professionals and licensed contractors who carry out the work that enables you to live independently in the community. There are some costs involved in this service. For more information, phone Stay at Home on 8130 3999.

Commonwealth Carer Respite Centres provide a range of respite options to enable carers to continue supporting people living in the community. For further information contact them (toll free) on 1800 059 059.

Community Aged Care Packages and Extended Aged Care at Home Packages care include a range of home support services that are tailored to meet your individual needs. The service provider coordinates the package of services for you. These packages of care are intended for frail older people living at home who have complex care needs. To be eligible for any of the packages of care, your needs must first be assessed by an Aged Care Assessment Team.Aged Care Infoline: 1800 500 853

For further information contact Seniors Information Service on 8168 8776 or (Country Freecall 1800 636 368) or contact Carelink on 1800 052 222 or visit the website at www.carelinksa.asn.au.

Concerns about memory loss or dementia

Alzheimer’s Australia SA provides a wide range of services to support people with a memory disorder, their carers, families and friends. They can be contacted on 8372 2100, or visit the website at: www.alzheimers.org.au.

Housing options for older people

There are several types of accommodation options available to older people. These include:• supported residential facilities• rental accommodation for seniors• independent living units• residential parks• serviced apartments• retirement villages.

Each of these accommodation types cater to different levels of independence and they provide varying levels of support services.

Before making a decision about where you might like to live, it may be helpful to discuss your options with family members, friends, your solicitor and/or financial advisor.

Information about each of these accommodation types, their location, availability, how they can be accessed and associated entry costs, ongoing payments, common

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contractual arrangements, and legislation, can be accessed by contacting the Seniors Information Service on 8232 1441 (Country Freecall: 1800 636 368).

Your housing rights and obligations

There are many points you need to understand about the accommodation you choose.

Some of these include:• If you plan to live in a

retirement or rental village, it is important to plan for ongoing fees and charges

• It is important to know and understand the conditions in your contract or lease, whether you live in a retirement village or rent privately

• There are specific conditions relating to selling or ceasing to live in retirement village units

• Be aware of the circumstances in which a landlord may evict you from rented premises, and always seek advice before vacating the premises

• In many forms of accommodation, there is an ability to have direct input as a resident into the management through a residents’ committee

• If you subsidise the construction of a granny flat or the purchase of a property to live in with

other family members, it is important to draw up a family agreement to protect your rights and assets.

Tips to consider

• If you receive a pension or other income support, make sure you contact Centrelink to discuss how your payments may be affected if you move house.

• It is important to add up the total cost of rent, telephone, transport, clothes, medicine and other items before signing a contract for accommodation, because some contracts bind you to ongoing fees that may be difficult to afford, especially if your circumstances change. Some entail you paying for certain services whether you require them or not

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• It is wise to get advice from a solicitor or community legal service before you sign any contract, to ensure that you know your rights, obligations and the conditions of the contract.

Did you know?: If you are on a low income, you may be eligible for a bond or rental assistance from Housing SA or rental assistance from Centrelink. For more information, contact Centrelink on 13 27 17, or Housing SA on 13 12 99.

Moving to a residential aged care facility

Residential aged care facilities are commonly referred to as nursing homes or hostels and they are funded by the Commonwealth Government’s Department of Health and Ageing.

Going into a residential facility is a major move in your life. It is important to understand how this will affect your lifestyle as well as your partner and family. It could help to discuss your options with trusted family members, friends, your doctor, solicitor or the Aged Care Assessment Team (ACAT) who will need to assess you as being eligible for residential care. Residential fees and accommodation bond or charge will depend on your

individual financial situation. A wide range of information and someone to discuss your needs and financial situation in confidence is available from Seniors Information Service on 8232 1441. (Country Freecall: 1800 636 368), or for information only, call Carelink on 1800 052 222 or the Aged Care Information Line (toll free) on 1800 500 853.

The following checklist will assist you in choosing the right residential aged care facility for your situation:

Checklist to consider when moving to a residential aged care facilityLocation• Is it conveniently located for

visits by family and friends; for public access and for transport and visits to the shops?

• First impressions are important indicators of the facility’s ambience and culture.

Costs• Be sure you understand the

income and assets assessment requirements for entry and the implications for you and anyone remaining in your family home.

• Check the Agreement and what it covers and what happens when a resident leaves or dies.

Accommodation• check if there are single or

shared rooms

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• what belongings can be brought with you?

• is there provision for couples?• what privacy will you have?

Ageing in place• Will you have to move if you

require more care or can this be provided on-site?

Administration• Check what meal choices are

available, ‘house rules’, health care provisions and whether you have special needs which have to be met.

The five steps to take if you are seeking residential aged care

1. Discuss your needs with family members

2. Organise an ACAT assessment3. Apply to aged care facilities4. Look for facility vacancies

through the Seniors Information Service

5. Complete the paperwork.

Aged Care Standards

Residential aged care facilities must comply with national standards of care. The Aged Care Standards and Accreditation Agency is responsible for monitoring living conditions in aged care facilities.

For people living in a residential aged facility who may wish to lodge

a complaint, the Commonwealth Government has a Complaints Unit where concerns can be followed up and resolutions can be sought.

Phone: Department of Health & Ageing, Complaints Unit on 1800 550 552.

Legislation

There is a range of important legislation governing aged care, accommodation and the rights and entitlements of older people.

• The Residential Tenancies Act 1995 regulates the relationship of owners and tenants under residential tenancy agreements.

• The Retirement Villages Act 1987 sets out the rights and obligations of residents and administering authorities.

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• The Commonwealth Aged Care Act 1997 sets out the right for seniors living in a residential aged care facility (ie hostel or nursing home) to see an independent advocate for issues and complaints they might have.

For more information, contact the:Office for Consumer & Business Affairs Phone: 8204 9777Seniors Information ServicePhone: 8232 1441Country Freecall: 1800 636 368

CarelinkPhone: 1800 052 222Visit the website at: www.carelinksa.asn.au

USEFUL CONTACTS FOR PEOPLE LIVING INDEPENDENTLY

Home and Community Care (HACC) and Community Aged Care Packages and Extended Aged Care at Home Packages: For further information contact Seniors Information Service on 8232 1441 (Country Freecall: 1800 636 368) or Carelink on 1800 052 222.

Aged Care Assessment Teams (ACATs) assess the residential care and support needs of elderly

Australians. Contact Carelink on 1800 052 222 or visit the website at www.carelinksa.asn.au

The Landlord and Tenant Advisory Service of the Office of Consumer and Business Affairs provides information about your rights and responsibilities as a tenant. It can also advocate for you when dealing with a lessor or real estate agent, especially if you are being unfairly treated.Phone 8204 9544 Visit the website at: www.ocba.sa.gov.au

Quality Assurance and Complaints provides an aged care complaints resolution service. For complaints regarding aged care homes and Community Aged Care Packages, phone 1800 550 552.

Aged Rights Advocacy Service and the Aboriginal Advocacy Program provide information and advocacy support for the rights of older people using aged care services in residential or community care or those at risk of abuse by family or friends.

For more information, contact the Aged Rights Advocacy Service and Advocacy Program on 8232 5377 (Country Freecall: 1800 700 600) or visit the website at: www.sa.agedrights.asn.au

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The Commonwealth Department of Health and Ageing can provide general information about aged care and residential services as well as your rights as a consumer. Contact the Department on 1800 188 098 or visit the website at: www.health.gov.auPhone: 8237 8111

Disability Services SA, Independent Living CentreThe Independent Living Centre is an information resource centre, offering a comprehensive range of products and equipment to assist with daily living activities. You can try out products and equipment and select those most suitable prior to purchase. Phone: 1300 885 886Visit the website at: www.ilcaustralia.org

Meals on Wheels (SA) Inc.The Meals on Wheels Association is operated by a combined paid and volunteer workforce, delivering meals to frail aged people, people with a disability, and their carers. The service provides crucial support for people who need assistance with meals but want to live independent lives in their own homes.Phone: 8271 8700

Visit the website at:

www.mealsonwheelssa.org.au

South Australian Retirement

Villages Residents Association

(SARVRA)

Contact via Council on the Ageing

(SA)(COTA) on 8232 0422

Visit the Council on the Ageing

website at: www.cotasa.org.au

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• To find out about services for

Aboriginal and Torres Strait

Islander people, contact:

Aboriginal Home Care Program

Aims to provide culturally

appropriate services for Aboriginal

people and their carers, enabling

them to remain in their own homes.

Phone: 8346 9155

Visit the website at:

www.aboriginalelders.com.au

CarelinkCommonwealth Carelink Centres are information centres for older people, people with disabilities and those who provide care and services. Centres provide free and confidential information on community aged care, disability and other support services available locally, interstate or anywhere within Australia. Phone: 1800 052 222Visit the website at: www.commcarelink.health.gov.au

• For services for people of non-English speaking backgrounds:

Migrant Health ServiceThe Migrant Health Service has a range of clinical practitioners including community nurses, social workers, doctors, massage therapists, child and youth health nurses and multilingual/bicultural health liaison

workers and psychologists. There is a strong community development focus with projects and programs for new arrivals. Research, education and training are also part of the service.Phone: 8237 3900

Migrant Resource Centre SAThe Migrant Resource Centre of South Australia (MRCSA) is the principal community settlement services agency for migrants and refugees in South Australia.Phone: 8217 9500Visit the website at: www.mrcsa.com.au

Multicultural Communities Council of SAThe MCCSA runs a number of programs to help identify and meet the needs of people from culturally and linguistically diverse backgrounds. These programs are generally funded by the Commonwealth or State Government and in some cases undertaken in partnership with other organisations.Phone: 8410 0300Visit the website at: www.multiwebsa.org.au

• For transport services, contact:

CarelinkPhone: (toll free) 1800 052 222 Visit the website at: www.carelinksa.asn.au

Patient Assistance Transport SchemeThis service provides subsidies for people in country areas needing travel and support to attend medical appointments. Phone: (toll free) 1800 188 115Visit the website at: www.rah.sa.gov.au/country/pats.php

Access Cabs (bookings)Phone: 1300 360 940Visit the website at: www.aitaxis.com.au

Respite and carer support services provide a break for carers of frail aged and/or people with a disability or a chronic or terminal illness. See below for a list of contacts:

Carer Resource Centre and Carers Association of SACommonwealth Carer Resource Centres provide a single point of contact for carers seeking information and advice about the full range of services, and other support available. Commonwealth Carer Resource Centres can give you up-to-date, relevant information about all the government programs that give support to carers. They can also give you information about publications, support services, training and education programs for carers. There is also specific information for Aboriginal and Torres Strait Islander carers, and carers from diverse cultural backgrounds.

Carers SA aims to empowercarers to participate in partnership with government and non-government organisations for the provision of better services, to improve the conditions under which carers work, and to increase recognition of carers' contribution to the South Australian community and economy.Phone: (toll free) 1800 242 636 or 8271 6288Visit the website at: www.carersaustralia.com.au

Commonwealth Carer Respite Centres Commonwealth Carer Respite Centres provide a range of respite options to enable carers to remain supporting people living in the community. They can give you advice about respite services and find the service closest to you. They can also help you get the right respite services.

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Commonwealth Carer Respite Centres work with carers to plan sensible approaches to respite and other support needs and also arrange 24 hour emergency respite care. Phone: (toll free) 1800 059 059Email: carole.matthews@carersupport.org.au

Carer Allowance and Carer Payment• The Carer Allowance is a

supplementary payment for people who care for an adult with a disability, severe medical condition or who is frail aged at home.

• The Carer Payment is an income support payment for people who cannot support themselves through participation in the workforce while caring for someone with a disability, severe medical condition or who is frail aged.

To find out more, contact Centrelink on 13 27 17

• For further information on accommodation and aged care, contact:

Seniors Information ServicePhone: 8168 8776Visit the website at: www.seniors.asn.au

Office for the Ageing, Department for Families and Communities

The Office for the Ageing is responsible for Home and Community Care, Grants for Seniors and Positive Ageing funding and grants programs. It also administers and promotes the Seniors Card program, the Aged Care Assessment Program and the Retirement Villages Act 1987.Phone: 8207 0522

Housing SAHousing SA provides public housing, private rental assistance and a range of other housing services to the people of South Australia.Phone: 13 12 99Visit the website at: www.housing.sa.gov.au

Department of Veterans’ AffairsThe Commonwealth Department of Veterans’ Affairs provides support, compensation, care and commemoration for Australian veterans and their dependants, including a number of housing programs and support services.Phone: 13 32 54Country Freecall: 1800 555 254Visit the website at: www.dva.gov.au

Or visit www.seniors.gov.au for links to all Australian Government information for seniors.

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We often take our ability to make life decisions for granted.

Have you prepared for a situation where you may be unable to make decisions for yourself ?

D ecision

-Making

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GWEN’S STORY

N ot long after her husband died, Gwen was told by her

doctor that she was suffering from the early stages of Alzheimer’s Disease. Now at the age of 83, she is becoming increasingly forgetful and confused. Gwen also has a diabetic condition which has given her problems with her legs and her vision. These health problems have been very distressing for Gwen. As the months progress, it is becoming harder and harder for her to look after herself. She is worried that very soon, she will no longer be able to properly make her own decisions about her finances, where she lives, or what health care she should receive.

Recently, an Aged Care Assessment Team told Gwen that she would be eligible for an aged care facility. Ever since, Gwen’s son Liam has strongly suggested that it would be best for her to move into a hostel or nursing home. Liam’s sister, Sarah, disagrees. She is deeply suspicious of Liam’s motives, as he has long been estranged from Gwen. Sarah worries that Liam wants to have control over their mother’s assets when she is no longer competent to take care of herself. Fearing this, Sarah has suggested to her mother that she move in with her and her young family. She has also asked that Gwen grant her power of attorney.

Gwen is still aware of the tension between her children concerning her future care and the matter of her assets. With all the disagreements, she does not think that either child will be the best person to appoint as her attorney for making the financial and medical decisions which loom ahead. She is considering seeking legal advice for her situation.

Decision-making

Many of the decisions we make can have an impact on our well-being. To avoid unforeseen difficulties, it is best to seek advice before making important decisions.

Just because people have made some poor decisions in the past, it does not mean that they cannot make informed decisions in the future.

Generally people are assumed to have the capacity to make their own decisions until it is proven otherwise.

The criteria used to assess if someone has capacity are:• Does the person have an

understanding of the nature and the effect of decisions about a matter?

• Is the person freely and voluntarily making decisions?

• Does the person have the ability to communicate the decision effectively?

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The Office of the Public Advocate is an independent statutory officer appointed by the State Government to protect the rights and interests of adults who do not have the capacity to make decisions.

Assistance that the Office of the Public Advocate can provide includes:• Acting as a decision-maker or

advocate in certain situations;• Investigating allegations of

neglect, exploitation or abuse.

Family agreements

Verbal arrangements are often made between family members. An example is when you pay some of the costs of building a granny flat at the home of a family member. It is important to have a solicitor record your family agreement in writing, as it helps to:

• Formalise any exchange of assets;• Provide a record of the agreement

for others, such as the executors of your Will, to go by in the future;

• Ensure financial and emotional security.

Issues you may need to make advance decisions or arrangements about:

• How will you ensure that your wishes are carried out if your health becomes poor?

• What should your Will cover, and who will receive your assets in the event of your death?

• What living arrangements will best suit your needs?

• How will you arrange for your finances to be managed if you are unable to manage them yourself?

• Who will you approach to be your solicitor if you should need help inthe future?

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Even when a lawyer is acting on your behalf, you have the right to be consulted about all decisions made for you. To protect your interests and reduce future family conflict, it is best to have a family agreement prepared in writing by a solicitor.The following legal documents can assist in making your wishes known or managing your assets if you become unable to make decisions for yourself.

Enduring Power of Attorney (EPA)

This is a legal document which allows you to appoint another person (your ‘Financial Attorney’) to make financial and/or property decisions on your behalf in the event that you lose your capacity to make informed decisions. Both you and the person (or people) you select as your Financial Attorney must sign the appropriate form for it to be legally binding. Anyone over the age of 18 years should consider making an Enduring Power of Attorney to protect themselves against unforeseen events in the future.

Think very carefully about who you want as your lawyer. Often, it is wise to have more than one Financial Attorney. You can consider appointing two people jointly to protect your interests.

Once you have made a choice, let your family and health practitioners know who you have chosen to be your attorney.

If you have not made an EPA, and you lose your capacity to make decisions, any major financial decisions that need to be made for you may be made by the Guardianship Board. The Guardianship Board is a court-like tribunal which has the power to make important decisions affecting the lives and property of people with limited capacity to make these decisions for themselves.

Enduring Power of Guardianship (EPG)

The Enduring Power of Guardianship is a legal document which allows you to appoint a person as your guardian in the event that you can no longer make your own decisions. Usually, you would only need to appoint an Enduring Guardian when you know those around you might disagree on how best to make decisions for you, when you do not think family members are the ideal decision-makers for you, or when family cannot agree about your care.

Enduring Guardians are different to Financial Guardians. They are responsible for doing what is best

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for you personally, rather than financially. For example, they will decide:

• where it is best for you to live• what doctor and medical care

you should receive• whether to give consent for your

medical treatment

EPA and EPG kits are available through:Legal Services CommissionPhone: 1300 366 424www.lsc.sa.gov.au

Service SA Government Information OutletPhone: 13 23 24 www.service.sa.gov.au

Anticipatory Direction and Medical Power of Attorney

The Consent to Medical Treatment and Palliative Care Act 1995 allows

you to record formal instructions for your future health care in the event that you lose your ability to make your own decisions.

You can choose to make an

Anticipatory Direction if you want to

have, or to avoid being given, possible

future medical treatment while in the

final stages of a terminal illness, or

incapacitated by a persistent

vegetative state, and are unable to

make decisions for yourself.

Your health care providers must act

upon the wishes you have expressed

in your Anticipatory Direction.

You can also make a Medical Power of Attorney and appoint someone as your Medical Agent. Your Medical Agent will be able to make decisions about your health care based on the directions you have made. If you

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have appointed an Enduring Guardian, your Medical Agent will have first priority in making decisions about your health care. Further information on these topics can be found through:

The Office of the Public AdvocatePhone: 8269 7575Country Freecall: 1800 066 969www.opa.sa.gov.au

Wills

A Will is a legal, written document which takes effect after your death. Wills are the only way of making sure your wishes are carried out interms of who handles your estate and how you want your assets to be allocated.

Tips to consider

• For a Will to be legally binding, it must be in writing: either typed, handwritten or both. It must be signed by the person who is making the Will and by two witnesses who are preferably independent and impartial.

• While it is possible for you to make your own Will, It is a good idea to get the advice and assistance of a legal professional when drawing up your Will. Legal professionals can help ensure that your Will is legally valid, that you keep your Will up to date, that it avoids legal

loopholes, and that it properly reflects your wishes. All of this is essential to preventing disagreements and delays which might cause hurt, unrest and even legal disputes within the family after your death.

• When making a Will, you must select the executor of your choice. An executor is responsible for gathering and allocating your assets in accordance with the wishes you have defined in your Will.

• It is important to draw up clear instructions in your Will in regards to how your executor will divide up your assets, and to whom. Instructions may also include funeral arrangements and provide for the possibility that some of your beneficiaries may die before you, and to ensure that the assets you had originally assigned to them will be reassigned.

The Public Trustee has traditionally provided Will-making and estate and trust administration services. It now also offers a range of other services, including Power of Attorney, Enduring Power of Guardianship, taxation services, funeral bonds, genealogical services, investment services and safe custody of documents.

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Phone: 8226 9200Country Freecall: 1800 673 119www.publictrustee.sa.on.net

USEFUL CONTACTS

Guardianship BoardThe Guardianship Board is a court-like tribunal which has the power to make important decisions affecting the lives and property of persons over whom it has jurisdiction under the Guardianship and Administration Act 1993.

Phone: 8368 5600Country Freecall: 1800 800 501www.opa.sa.gov.au

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E lder Abuse and V iolence

Are you worried about your physical and emotional safety or financial abuse?

Do you know someone who is being abused by an informal carer or family member?

There are actions you can take to protect yourself and those you care about.

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S upportive relationships with family and friends are an

important part of life. They help us to feel good, to cope better with stressful situations, and to have more control over our own lives. For older people, strong social links are especially important in preventing isolation and lending strength and support.

Sadly, some older people experience mistreatment by the very people they trust. This is known as elder abuse.

ELDER ABUSE

The Australian Network for the Prevention of Elder Abuse defines elder abuse as:

“Any act that occurs in a relationship where there is an implication of trust, which results in harm to an older person. Abuse can be financial, psychological, physical, social, neglect or sexual.”

Relationships of trust extend to family, intimate partners and friends as well as informal carers.

RON’S STORY

A few months ago, Ron offered to take in his

28-year-old nephew Alex, who needed a place to stay after he lost his job. At the time, Alex promised

he would only be staying for a few weeks, just long enough to ‘get back on his feet’. Ron was initially quite happy to have his nephew stay with him on a temporary basis. Ron was living alone and had not been in close contact with his family for some years. He thought that having Alex over might reconnect some of the ties that had been lost.

Unfortunately, Alex had underlying problems with drinking and gambling, and they very soon began to surface. Just a week into staying with Ron, Alex began asking for money. If Ron lent him cash, he would never see the money again. When Alex started coming home angry and drunk on a regular basis, he would end up threatening to punch Ron if he refused to lend him any more money. On two occasions, Alex deliberately injured Ron in this way. When Ron tried to evict his nephew, Alex threatened more reprisals.

Ron has been very distressed and disturbed by this situation. He realises that he needs to take action to prevent further harm from coming to him. He is also concerned for his nephew and the problems he has. Elder abuse is a difficult and distressing issue, but there are ways to prevent it and ways to assist people who are experiencing

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it. If you or someone you know endures threats and abuse from trusted people, it is essential to take action against it. Things are likely to get worse, and someone may be seriously hurt.

It is important to know your rights and to find support and advocacy in situations of elder abuse.

Knowing your rights

South Australians are legally protected against domestic violence under the Domestic Violence Act 1994. A person may take out a domestic violence restraining order against someone whom they reasonably believe may (unless restrained) commit domestic violence.

If you have been a victim of elder abuse from family members, you can apply for a domestic violence restraining order from the Adelaide and Elizabeth Magistrates Court (Family Violence Court) to protect you against future violence or abuse from family.

The Criminal Law Consolidation Act 1935 also legislates for the prosecution of acts which are often involved in elder abuse, including assault, unlawful threats, sexual offences, theft and dishonesty.

Restraining Orders can be made by people who believe they are at risk of violence, intimidation or

property damage. You can apply for a Restraining Order from the Adelaide Magistrates Court (Criminal Court) to protect you against such threats.

Contact the Adelaide Magistrates Court on: 8204 2444

Further assistance and information If you or someone you know is in a situation of immediate danger or risk, please contact the police on 000 or phone: 13 14 44.

The Aged Rights Advocacy Service (ARAS) and Aboriginal Advocacy Program runs an Abuse Prevention Program which provides support, advice and information to older South Australians who are being abused, or at risk of being abused, by someone they trust or care for, such as family, friends and informal carers. For more information, contact ARAS on 8232 5377.(Country Freecall: 1800 700 600), or visit the website at: www.sa.agedrights.asn.au

The Office of the Public Advocate provides advocacy and representation for people when they cannot competently make decisions for themselves. Contact the Office on 8269 7575 (Country Freecall: 1800 066 969), or visit the website at: www.opa.sa.gov.au

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VIOLENCE AND ABUSE FROM STRANGERS

Violence and abuse from strangers affect people every day. Crime statistics from the Australian Bureau of Statistics have consistently shown that people aged 55 years and over are much less likely to be victims of personal crime or household crime (such as burglary) than younger age groups.

Older people are, however, twice as likely as the general population to be victims of consumer fraud as they are to be victims of assault. The types of fraud they often fall victim to are scams and dishonest sales. Before committing to contracts, purchases and investments, seek the advice of a solicitor and/or trusted, impartial friends or family. For further advice on these matters, contact the Office of Consumer and Business Affairs on 8204 9777 or call the police.

USEFUL CONTACTS:

Domestic Violence HelplinePhone: 1800 800 098

Aged Rights Advocacy Service and the Aboriginal Advocacy ProgramPhone: 8232 5377Country Freecall: 1800 700 600Visit the website at: www.sa.agedrights.asn.au

The Australian National Disability Abuse and Neglect Hotline is an Australia-wide telephone hotline for reporting abuse and neglect of people with disabilities, using government services. TTY: 1800 301 130Phone (toll free): 1800 880 052Visit the website at: www.disabilityhotline.org

Victims of Crime CoordinatorProvides free information on legal rights and services for victims of crime, including information on Restraining Orders and victim support. Phone: 8207 1723 and ask to speak with Michael O’Connell, Victims of Crime CoordinatorVisit the website at: www.voc.sa.gov.au

Crime StoppersReport information on any crime.Phone: 1800 333 000Visit the website at: www.sa.crimestoppers.com.au

Department for Correctional Services, Victim Support UnitThe Victim Support Unit runs a Victim Register, which helps to inform victims of crime of the status of those offenders who have committed crimes against them. Phone: 8226 9000Visit the website at: www.corrections.sa.gov.au

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The South Australian Council of Social Service (SACOSS) is the peak non-government body for community services in South Australia. It aims to promote fair and just access to the goods and services which are essential for living a decent life. To find out more about SACOSS, phone 8305 4222 or visit the website at www.sacoss.org.au

Council on the Ageing (COTA) is South Australia’s peak seniors organisation, with an individual membership of around 20 000 and more than 200 seniors organisational members. In addition, COTA SA has around 80 associate members who are aged care providers, local government bodies, health units and other service and educational institutions. COTA SA is recognised as a leading advocate on ageing issues at state and national levels.

To find out more about COTA SA, phone 8232 0422Visit the website at: www.cotasa.org.au

The information in this publication can be provided in an alternative format or another language on request. Please contact the Office for The Ageing:

TELEPHONE 8207 0522

EMAIL ofta@dfc.sa.gov.au

WEBSITE www.ageing.sa.gov.au

POSTAL ADDRESS PO Box 70 Rundle Mall Adelaide SA 5000

STREET ADDRESS Level 4 South West Riverside Centre North Terrace

Adelaide SA 5000

OFFICE HOURS 9:00am – 5:00pm

Monday to Friday