Illness and mortgage

[INVSTOR]

Yes, that is the one in QLD. You should give them a call and speak about getting a guardian appointed and an administor (for financial side).

Does your sister have any assets to worry about? does she have a will in place? Consider that it is probably too late to revoke the will as she doesn't have capacity - do you think any issues there? Such as leaving assets to someone she may no longer want them left to? If there is no will you should consider the intestacy rules. If you think these may not be suitable then look at a court made will perhaps.

Thanks, good to know about all the legal stuff. From what I've read it's rare to die from MS. The specialist said she should make a full recovery with the medication. Hopefully he's right. From what I've Read it can take up to two years and you can have other attacks. It's all quite confusing- how temporary and how permanent everything is. I guess when MS society is back open they should be able to help with insurance, Centrelink, forms, processes.

Sorry to hear about your sis. How sudden it has come on. I hope they can improve some things whilst she is in hospital and your parents can come to grips with the complex unravelling of her affairs to find them all and take control.

During this time, which is undoubtably stressful, they need to remember to also look after themselves.

Thanks Myf.

 

[INVSTOR]

Yes, that is the one in QLD. You should give them a call and speak about getting a guardian appointed and an administor (for financial side).

Does your sister have any assets to worry about? does she have a will in place? Consider that it is probably too late to revoke the will as she doesn't have capacity - do you think any issues there? Such as leaving assets to someone she may no longer want them left to? If there is no will you should consider the intestacy rules. If you think these may not be suitable then look at a court made will perhaps.

Is there a definition for capacity? Who defines/confirms that? My mum wants to control assets rather than having a govt dept appointed. If she can answer yes and no is that enough? Do you need a solicitor willing to do a hospital visit? How would you find one that would provide that service?

 

[Terry_w]

Is there a definition for capacity? Who defines/confirms that? My mum wants to control assets rather than having a govt dept appointed. If she can answer yes and no is that enough? Do you need a solicitor willing to do a hospital visit? How would you find one that would provide that service?

This is a difficult question. Capacity basically means that a person knows what they are doing and understands the implications of their actions. Capacity can come and go too - ie. one moment of the day the person may have capacity, and then the next they don't.

You may need specialist medical reports confirming one way or another. If there is any doubt then a solicitor wouldn't sign off on a power of attorney document.

Also, it won't be the government that is controlling things, if a guardian is appointed then the guardian will control things - but there may be audits or checks to make sure they are not abusing their position.

See for example (NSW)
When a client?s capacity is in doubt
A Practical Guide for Solicitors
http://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/023880.pdf

 

[INVSTOR]

This is a difficult question. Capacity basically means that a person knows what they are doing and understands the implications of their actions. Capacity can come and go too - ie. one moment of the day the person may have capacity, and then the next they don't.

You may need specialist medical reports confirming one way or another. If there is any doubt then a solicitor wouldn't sign off on a power of attorney document.

Also, it won't be the government that is controlling things, if a guardian is appointed then the guardian will control things - but there may be audits or checks to make sure they are not abusing their position.

See for example (NSW)
When a client?s capacity is in doubt
A Practical Guide for Solicitors
http://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/023880.pdf

Thanks, that's good to know re: guardian.

 

[Ski-bum]

Is there a definition for capacity? Who defines/confirms that? My mum wants to control assets rather than having a govt dept appointed. If she can answer yes and no is that enough? Do you need a solicitor willing to do a hospital visit? How would you find one that would provide that service?

Capacity needs to be assessed by a medical professional, typically a neuropsychologist, geriatrician or neurologist. If your sister is still in hospital, it would be easier to access these professions as they are usually more readily available for inpatients.

Your sister's treating doctor should be able to advise if a capacity assessment is required. A social worker at the hospital may also help advocate for this process to commence.

If she is deemed to not have capacity, then there would be a process in appointing a guardian/administrator/EPOA etc...

You're on the right track, in QLD, QCAT and OPA would be good resources to read:
http://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters
http://www.justice.qld.gov.au/justice-services/guardianship/public-advocate

There a different types of MS, depending on what type she has been diagnosed with, I have seen many people recover to almost premorbid levels with the right treatment and medication. I hope she is one of them!

 

[Ausprop]

Why would you choose to have a decent sized mortgage without appropriate insurances for protection?

it's not always easy to get cover tho. if you a re a bit of a hypo and have been to the GP for chest pains or had a mole removed etc your chances of getting cover drop dramatically

 

[INVSTOR]

Capacity needs to be assessed by a medical professional, typically a neuropsychologist, geriatrician or neurologist. If your sister is still in hospital, it would be easier to access these professions as they are usually more readily available for inpatients.

Your sister's treating doctor should be able to advise if a capacity assessment is required. A social worker at the hospital may also help advocate for this process to commence.

If she is deemed to not have capacity, then there would be a process in appointing a guardian/administrator/EPOA etc...

You're on the right track, in QLD, QCAT and OPA would be good resources to read:
http://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters
http://www.justice.qld.gov.au/justice-services/guardianship/public-advocate

There a different types of MS, depending on what type she has been diagnosed with, I have seen many people recover to almost premorbid levels with the right treatment and medication. I hope she is one of them!

We are not feeling it's an easy MS. She has been in hospital a week, apparently will be there another 3 wks. Hasn't started any MS treatment apart from steroids. They are looking/testing since so aggressive for other causes through MRI and spinal fluid but haven't come up with anything. She came out in a rash today, has been isolated, getting tested for shingles,etc, so has gone backwards again. (Despite asking to be immunised at first admission) I read out some qcat info to mum today and told her to see Social Worker. I really think she needs to do that to find out exactly what forms, and process. I have been trying to convince mum that the hospital should be able to help with paperwork/support instead of waiting to see neurologist in future after being discharged.

 

[pully]

hopefully your sister will improve and regain some level of functioning. this is what usually happens, but of course the recovery maybe prolonged. no doubt this will be discussed with your family by med staff, as will plans for discharge.

yes much better to sort things whilst in hospital if possible with support. not easy but some decisions will be necessary. all the best, at least she has a supportive family and that will help.

 

[INVSTOR]

Thanks for help and positive words Ski-bum and Pully. I need to visualize her being healthy again rather than focusing on her situation now. She is a bit better today.

 

[Sean M]

Sorry to hear about your sister and I hope she gets better. Unfortunately this is something I see and find it difficult to deal with. Especially when clients tell me they are perfect and nothing will ever happen to them.

Insurance is for a worst case scenario and unfortunately by then its too late.

Many of the people here have already shared some great information for you to consider.

For those reading this article it is important to ensure that you have yourself protected in case something happens to you.

Most people think if I am debt free I am ok and don't need insurance yes that is true but if you want to maintain the same living standard after something happens to you, best you have enough cash sitting in the bank. Even then have you ever noticed how quickly your savings go down when you not earning money?

 

[INVSTOR]

Sorry to hear about your sister and I hope she gets better. Unfortunately this is something I see and find it difficult to deal with. Especially when clients tell me they are perfect and nothing will ever happen to them.

Insurance is for a worst case scenario and unfortunately by then its too late.

Many of the people here have already shared some great information for you to consider.

For those reading this article it is important to ensure that you have yourself protected in case something happens to you.

Most people think if I am debt free I am ok and don't need insurance yes that is true but if you want to maintain the same living standard after something happens to you, best you have enough cash sitting in the bank. Even then have you ever noticed how quickly your savings go down when you not earning money?

Thanks Sean M.
Another thing worth considering is leaving your bank details and pin number with a relative.

My mum is about to sort out the legal side, having no access to her funds to pay bills (rates, rego, medical, etc) and not being able to claim Medicare refund is just another stress you don't need.

 

[weg]

Thanks Sean M.
Another thing worth considering is leaving your bank details and pin number with a relative.

My mum is about to sort out the legal side, having no access to her funds to pay bills (rates, rego, medical, etc) and not being able to claim Medicare refund is just another stress you don't need.

If a person was to do a will as discussed in a previous post they would usually take the opportunity to do an enduring power of attorney as well.

You would find a bank or other department demanding to see this the minute they were onto the fact someone another than the person who account or personal affairs it is, were being accessed.

 

[INVSTOR]

If a person was to do a will as discussed in a previous post they would usually take the opportunity to do an enduring power of attorney as well.

You would find a bank or other department demanding to see this the minute they were onto the fact someone another than the person who account or personal affairs it is, were being accessed.

Yes! I really should have said everyone should have a will with power of attorney, if you haven't got around to doing this, make sure you at least pass on bank details To someone. My husband is power of attorney for a relative who became disabled a year ago. He presented will to bank, all sorted.

 

[INVSTOR]

My parents finally got Power of Attorney. She had to get some forms witnessed by a JP that does weekly visits to the hospital.
The steroids did nothing for my sister and she progressively declined. As she can't walk she can't take MS medication. She's been on feeding tubes for days as she can't swallow. I think she's hit the bottom and on the way up now. She's been given another medication which she'll have every two weeks x 4. (costs $5000/dose) It seems to be working.
I think eventually my parents and my sister will sell there houses (both have stairs) and find something suitable for wheelchair friendly granny flat with seperate yards.

 

[perthguy]

Assuming you are single, have a 50% mortgage, no disability or mortgage insurance and suddenly became really ill/disabled to the point you could no longer work, what would your options be?

I'm a nervous investor, so I always set up a contingency for emergencies. My current contingency fund is in the form of an offset account against non-deductible debt. Worst case scenario if I could not work an all my rental properties were empty, my contingency fund would pay for interest owing for 2 years. That makes me a lot more comfortable with my level of debt.

 

[INVSTOR]

I'm a nervous investor, so I always set up a contingency for emergencies. My current contingency fund is in the form of an offset account against non-deductible debt. Worst case scenario if I could not work an all my rental properties were empty, my contingency fund would pay for interest owing for 2 years. That makes me a lot more comfortable with my level of debt.

That is smart. I have a similar setup. I don't like taking on much risk either.

 

[vmay]

It just got me thinking....surely others would know of people being in a similar situation. Is there help/options/do's and don'ts. I know there is often support/funding for some common situations but I'm sure there's a lot I don't know![/QUOTE]

This happened to me. I thought I had a temporary health situation which proved to be permanent.

How I survived - bank let me capitalise interest.

What i did wrong. Not claim on insurance i had through my job.

What I discovered - that some super policies have insurance which is worth
checking out. I got a very small payout many years later.

 

[INVSTOR]

It just got me thinking....surely others would know of people being in a similar situation. Is there help/options/do's and don'ts. I know there is often support/funding for some common situations but I'm sure there's a lot I don't know!

This happened to me. I thought I had a temporary health situation which proved to be permanent.

How I survived - bank let me capitalise interest.

What i did wrong. Not claim on insurance i had through my job.

What I discovered - that some super policies have insurance which is worth
checking out. I got a very small payout many years later.[/QUOTE]
I'm sorry to hear. I'm assuming it will take a while to sort insurance- see what is permanent.