Jump to content

Need Some Help On Legalities

Featured Replies

Posted

I have just spent the last 1 1/2 hours on the phone to Centrelink (social security for non Australians) Our oldest son will turn 16 in September and he will have to apply for a Disability Support Pension as he has moderate to severe Cerebral Palsy and is totally dependent on us for everyday living.

 

They sent me about 40 pages to fill in and it says on the back that he has to sign the form, this is why I rang them as he can't even hold a pen let alone write anything I wanted to know what happens? Do I sign for him or what. I was put through to about 8 different departments and then I was told that we would have to apply for Power Of Attorney for him so that we can sign. I asked them how I did that but they didn't know.

 

Does anybody know how I would go about getting Power Of Attorney??

mmm, That's a hard one. I love your signature by the way. It looks like us on grand final day last year! :D

 

Check out this site: Law Institue of Victoria. Hopefully it will help you out or direct you to what you need. :)

I am sure that you can sign for him, But better check this with Legal Aid... Maes has given a good place to look

  • Author

Thank you to those who replied. After reading the site that Maesie suggested I found it is a very grey area as the person has to understand that they are giving control of everything over to someone else and I don't know if that applys in Joel's case so I have made an appointment to see a solicitor to be on the safe side.

Nope it can all be done by you, however you have to apply to become his nominee, on the back of the forms it says if he can't sign his nominee can for him :)

I just had to go through all this myself, it's a nightmare!!!

 

Pm me if you want anymore details :D

obviously it was easier for me as i'm able to write, but there is ways around it without becoming his power of attorney :D

Edited by *libby*

  • Author
Nope it can all be done by you, however you have to apply to become his nominee, on the back of the forms it says if he can't sign his nominee can for him :)

I just had to go through all this myself, it's a nightmare!!!

 

Pm me if you want anymore details :)

obviously it was easier for me as i'm able to write, but there is ways around it without becoming his power of attorney :)

 

 

Anything to do with Centrelink is a nightmare as far as I'm concerned. Where do I get a nominee form?

You ring the centrelink disability helpline and ask them to send it out... basically explain to them what the situation is with your son and they'll advise you of the forms you need to do it all :)

Whilst he is still under 18 I believe you should be able to sign on his behalf via the nominee thing. Most forms require an adult or legal guardian if the applicant is under 18 anyway, so I can;t imagine why Centrelink had so much trouble pointing you in teh right direction... then again, as a few have mentioned, they are Centrelink, and we shouldn't expect any more from them! (I too am a disgruntled, disenchanted ex-Centrelink client)

I agree here with Casper it is like that in the U.S., as for POA you should do that too, you fill out a form and then it goes through a lawyer, I have POA for my mother.

Ring Centrelink and get the nomiee forms as suggested but also get the ball rolling on POA as it can take a while for this to get approved, it took almost 18 months for me to get it for my brother who has mental health issues and while waiting for it to come through he bought a 3 million dollar property????? That was fun trying to get out of that!

Ring Centrelink and get the nomiee forms as suggested but also get the ball rolling on POA as it can take a while for this to get approved, it took almost 18 months for me to get it for my brother who has mental health issues and while waiting for it to come through he bought a 3 million dollar property????? That was fun trying to get out of that!

 

Oh dear! :wub::huh::D

  • Author
You ring the centrelink disability helpline and ask them to send it out... basically explain to them what the situation is with your son and they'll advise you of the forms you need to do it all :)

 

That's who I rang Libby??? Anyway I went into Centrelink and enquired about this Nominee form and they said yes that's what I needed and gave me one and I told them about what I was told on the phone, they said bullsh*t, who did you speak to and I said I didn't know there name. So they are going to find the recorded phone conversation and someone is in big trouble.

 

Seen the solicitor and he said I don't need to worry about a Power of Attorney for Joel, if I can just get a letter from his paediatrician and that is all I will need.

 

So thanks everyone for you help, I hope it is sorted for now.

Glad to hear Denise :)

 

On some of their booklets they state that information told whilst enquiring on a phone with their emplyees may not always be accurate, but they retain the right to not be made liable for incorrect information... it's all a BIG screw around!

 

Took me 7 weeks to get the required information for me form, then another 5 before they processed my claim, my partner was approved as my carer in 2 weeks!! :) To me that isn't logic!

They have some funny little quirks like the two pages letter they gave my father to read when he went in there by himself... he's blind and the guy handed him the pages and said read these I will be back in a min... My dad is blind he has a very large BLACK lab seeing eye dog... really people come on!

 

Glad you got the forms that you needed hopefully it can now get processed quickly B)

Great news Denese. I hope things sort themselves out from here on in. I must admit I am NOT a big fan of Centrelink B)

They have some funny little quirks like the two pages letter they gave my father to read when he went in there by himself... he's blind and the guy handed him the pages and said read these I will be back in a min... My dad is blind he has a very large BLACK lab seeing eye dog... really people come on!

 

:D okay Now if that isn't telling us what their employees are like I really don't know what is......

  • Author
Took me 7 weeks to get the required information for me form, then another 5 before they processed my claim, my partner was approved as my carer in 2 weeks!! :) To me that isn't logic!

 

Don't tell me that Libby ;)

 

The guy I spoke to in at Centrelink assured me that if I got a letter from Joel's school stating his IQ then he could put it all through within a week. Makes it hard as he isn't 16 until 9/9 so they can't start the paperwork before then but it has to be in before then????

You can extend the due date, just ring up and they'll add another two weeks if you ask, if you keep ringing up they'll add 2 each time, Mine we due in 2 weeks also, so they had to extend ours a few times also LOL!

  • Author

I won't need to do that. I just have to pick up the school's letter tomorrow and the one from the paediatrician and then I can take them all in and get it out of the way before I throw it all in the bin :)

Edited by Denise

Don't forget all his ID

That was the part that got me, as I barely had anything!!!!

Please sign in to comment

You will be able to leave a comment after signing in

Sign In Now