A recent tragedy on the Gold Coast has highlighted the deep fear many older Australians have about moving into aged care. While concerns about residential aged care facilities are common, many people are unaware of the options available to help them remain at home for longer. Here, Accredited Aged Care Professional and Paralegal, Bindy Marshall reflects on the devastating deaths of a Miami couple who feared aged care and explains how individuals can take proactive steps to explore their options and record their wishes before their health declines.
Earlier this month, an elderly married couple was found deceased in their Miami home. The 81-year-old man had recently been released from hospital, and his 79-year-old wife was living with dementia. According to the Gold Coast Bulletin, a note left behind outlined their concern of being moved into a residential aged care facility. The couple had lived on the Gold Coast for twenty years and their daughter had allegedly planned to relocate them from their Gold Coast unit to a residential care home in Victoria due to their declining health.
Police confirmed their deaths weren’t suspicious, with speculation pointing to a tragic murder-suicide or double suicide.
This heartbreaking event highlights how profoundly important supported decision-making is, ensuring older individuals have a say in their care arrangements before they lose capacity.
The importance of supported decision-making
The psychological impact of feeling powerless over one’s own life decisions can be overwhelming, particularly for people in their twilight years.
Supported decision-making has been a key focus in aged care reforms, aiming to uphold the rights of older adults – especially those with cognitive decline – by involving them in decisions about their future.
Rather than making decisions for them, supported decision-making focuses on providing the necessary support to help individuals understand their choices and express their preferences.
Read more: Supported decision-making for the elderly and cognitively impaired
Whilst the Albanese government announced billion dollars of investment into aged care late last year by funding pay rises for workers which they say would ensure higher standards of care, this has meant little to assuage the fear of moving into residential care homes, which for some older Australians, has driven them to extremes.
Overcoming Fear: Understanding At Home Care Options
Many older Australians fear moving into aged care facilities, unaware that government-funded programs can help them remain at home longer.
Regardless of the level of medical care required, the services available essentially fall into two categories.
- The Commonwealth Home Support Programme (CHSP): This programme is government-funded and supports older Australians who are mostly managing independently but need some assistance with everyday tasks such as personal care, meal preparation, transport, and social support.
- Home Care Packages: For those requiring a higher level of care, Home Care Packages provide more comprehensive services to help individuals remain independent at home.
There are wait times applicable, depending on which package an individual needs. These wait times can range from less than one month, to over a year, and are generally determined by need, prioritising the highest level of need for services first.
There is a high demand for Home Care Packages which also leads to longer wait times.
If you or a loved one are at a stage in life that you want to access these services, it is important to apply for an ACAT assessment as early as possible.
This two-step process involves a simple eligibility check, followed by an in-person assessment at your home.
Sometimes not knowing where to start can be very overwhelming and lead to people not doing anything. The longer you leave things the longer you compromise your health or the health of the person you look after or represent. It is important to take action sooner rather than later
Visit the My Aged Care website to learn more.
Recording your wishes in an estate plan
While most people understand the importance of writing a Will, fewer realise that estate planning also involves documenting care preferences while they are still alive.
Enduring Power of Attorney
An Enduring Power of Attorney (EPOA) (or Appointing of Enduring Guardian in NSW (AOEG)) allows an individual to appoint a trusted person to make financial, medical, and personal decisions on their behalf should they lose capacity.
Without an EPOA or AOEG, family members must apply to the Queensland Civil and Administrative Tribunal (QLD) or NSW Civil and Administrative Tribunal (NCAT) to be appointed as decision-makers. If the tribunal does not approve their application, the Public Trustee may assume control and be given that power, making all financial and healthcare decisions for you instead – including deciding if you are to move into an aged care facility and what will happen of your home.
We have seen first-hand the devastating impact on individuals and their families losing control over a loved one’s care to the Public Trustee.
Our lawyers have publicly spoken about allegations of mismanaged funds and mistreatment of vulnerable Australians under Public Trustee control.
Read more: The imperative for reform in Public Trustee systems across Australia
To ensure that you maintain control over your life, it is essential to have an Enduring Power of Attorney in place while you still have the capacity to make informed decisions.
Top 5 facts about Enduring Power of Attorneys
- Capacity is required: You must be over 18 years old and understand the implications of appointing an attorney.
- Family members can’t automatically step in: Without an EPOA, loved ones must apply to a tribunal to be granted decision-making authority.
- You don’t have to appoint just one attorney: If you feel there is no single person you can trust, you can have multiple attorneys. Equally, your attorney does not have to be a family member. It can be a professional such as an accountant or your lawyer. Often people find it easier to appoint someone who is not emotionally involved in the decisions being made.
- EPOAs should be regularly reviewed: Just like a Will, an EPOA should be updated regularly to ensure the document reflects you current wishes and life circumstances.
- A lawyer should draft your EPOA: To ensure clarity and legal compliance, an experienced estate planning lawyer should draft an EPOA to mitigate risks of misinterpretation or not including vital conditions you wish to impose on your attorney.
Attwood Marshall Lawyers – Supporting people at every stage of life
At Attwood Marshall Lawyers, we have a dedicated team specialising in elder law, Wills and estates, and aged care.
With three Accredited Aged Care Professionals on our team, we help clients navigate complex aged care decisions and legal planning, and can advocate for them when they feel they do not have a voice.
If you want to ensure your wishes are respected, whether that involves remaining at home longer or protecting your financial and healthcare decisions, we are here to guide you.
To discuss your needs, please contact our Aged Care and Wills and Estates Department Manager, Donna Tolley, on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071.
You can visit our experienced team at any of our conveniently located offices at Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney or Melbourne.
