Law Talks Episode: Six steps families can take when noticing a loved one needs support at home

Robyn: Good morning and welcome to another edition of 4CRB’s law talks. And today, joining me in the studio is Attwood Marshall Lawyers Aged Care paralegal Bindy Marshall. Welcome, Bindy.

Bindy: Thank you for having me, Robyn.

Robyn: Well, Bindy with Christmas fast approaching today we’re going to be talking about preparing for a Christmas visit with elderly parents, it’s that time of year when families reunite, often after a long time apart. Many people travel from interstate or overseas and may not have seen their parents for several years.

Bindy: Yes, a few families do experience a reality check when they arrive. Often you notice small things, perhaps a bit of clutter, more than usual, food in the fridge that’s perhaps been forgotten, or the home feeling a little more lived in than you remember. These can be subtle signs that everyday tasks are becoming harder for your loved one to manage.

Robyn: What do you do if you do get to a loved one’s home and can clearly see that your loved one has declined?

Bindy: Oh Robyn, sometimes arriving at a loved one’s home can highlight changes you weren’t aware of. You might notice things like household tasks not being kept up, unopened mail, or items beginning to accumulate. These are often signs that someone may simply be overwhelmed, struggling with their mobility or memory, or finding day-to-day routines more challenging than before.

I remember one situation actually where a social worker asked us to assist an elderly woman who needed help transitioning into care. When we visited, it became clear that she had been trying her best to manage but had gradually become unable to keep on top of things. As we gently sorted through her belongings, we found many brand-new items that she had purchased but never opened, likely bought with good intentions but forgotten as time went on. It was also clear that the home had become difficult for her to maintain safely. And situations like this remind us that changes happen slowly and quietly, and families may not even realise how much support is needed until they see it firsthand.

Robyn: Yeah, you clearly know something is wrong. So where do you start?

Bindy: Look, if your loved one appears unwell or confused, the first step is arranging a GP appointment that may lead to referrals or further assessments, such as capacity assessments with a geriatrician. And generally around Christmas, this can be challenging. So, families need to stay longer to help put supports in place.

Robyn: So, Bindy, don’t you have to wait for an ACAT assessment to have care in your home?

Bindy: No, look, many people don’t realise that you can start support privately through a local home care provider.

We have outstanding providers here on the Gold Coast. We’re actually spoilt for choice. A home care package helps subsidise the cost, but it isn’t required to begin. You can use private services until an ACAT assessment is completed, and often it’s more affordable than people think.

And for those unfamiliar with an ACAT assessment, it’s a comprehensive evaluation completed at home or in hospital by an ACAT nurse. It provides the approval codes needed for home care, respite and residential aged care. It’s essentially a full health report covering diagnosis, treatments, supports, and a recommended level of care.

Robyn: So, Bindy, we’ve talked about maybe picking up on subtle declines, but what happens in extreme cases?

Bindy: Look, often the older person ends up in hospital, to be fair. Doctors may need to activate the power of attorney to allow the appointed person to step in. A full medical check is crucial, particularly if hygiene has declined as issues like UTI’s can cause significant confusion, delirium and altered behaviours.

Hospital social workers in our public hospitals are excellent support, guiding families through the next steps, whether it’s increased care at home, or transitioning into permanent residential aged care.

Robyn: So, Bindy, how can families be a little bit more prepared?

Bindy: Look one of the biggest risks we see when families visit at Christmas is falls.

Clutter, poor lighting, mobility decline and cognitive impairment can dramatically increase the risk, and many families are completely unaware until they arrive and see the situation first hand. And look, this is where new technologies such as AI technology is making a huge difference.

There are proactive monitoring systems designed specifically for older Australians instead of relying on wearable devices like pendants, many older folks tend to forget to put on, AI based monitoring systems used discrete sensors that detect unusual patterns such as changes in walking speed, unsteady movement, wandering, falls, missed medications and early signs of deterioration.

So most importantly, it can detect falls in real time and alert family members or carers immediately. Often long before a traditional alarm system would. And for families visiting at Christmas who suddenly realised that mum or dad is unsafe living alone, considering an AI based system can be crucial safety net.

And look, it helps people remain at home longer, reduces hospital admissions and gives the family peace of mind, especially for those living interstate or overseas.

The other thing is understanding your responsibilities and if you’ve been appointed as an enduring power of attorney, check whether your role is an immediate role or upon loss of capacity, or whether you act solely or jointly and understand what you can and can’t do under the power.

Also note that you should contact your loved one’s home care provider for an update. They may be able to provide you with some insight into changing behaviours. Your loved one may have declined or turned away services without telling you.

Robyn: That’s a big one, that’s quite common.

Bindy: And if your loved one doesn’t have an ACAT, register with my aged care if support is needed. ACAT assessment times have certainly reduced, however, the weight for a home care package is still long, so starting private services early is often essential.

Robyn: So, Bindy, there’s a lot to consider, a lot of services available. Is there help available to navigate all of this?

Bindy: Absolutely. Our aged care division regularly assists attorneys who are unsure of their responsibilities or who need help protecting the older person that they represent.

When a transition, into care is needed, things can move really quickly. The paperwork, the government forms, placement processes and aged care terminology can be really overwhelming. Our accredited team can guide you through each step and handle the administration so you can focus on your loved one.

Robyn: So just to recap for us, Bindy, can you summarise these steps?

Bindy: Absolutely. So, step one, if your loved one looks unwell or confused, seek medical help immediately. And number 2, follow the advice of a GP or the hospital team, even if returning home isn’t safe and the medical advice is to transition your loved one into permanent residential care.

Number 3, understand your role as enduring power of attorney and the responsibilities the role comes with.

Number 4, put supports in place quickly, even privately, until the ACAT assessment can occur.

Number 5, consider AI falls prevention technology, or for all falls prevention and real time safety monitoring.

And number six, don’t leave without taking action. Get some back up. Accredited aged care professionals are your secret weapon for keeping things from going sideways.

Robyn: Yeah, Bindy, it’s great to see there’s so many new advances in technology for keeping our elderly safe, particularly when you may not be able to be there or you live long distances. So, thank you for these insights. I’m sure they will be valuable for many of our listeners this Christmas.

Bindy: Thanks for having me, Robyn.

Robyn: You’ve been listening to law talks here on 4CRB, which you can hear every Friday morning from 9 o’clock.