Mrs Taylor* is a pensioner living with dementia in an aged care facility. There were significant payments made from Mrs Taylor’s bank account to her son and daughter-in-law who previously had a Power of Attorney to manage her assets and make legal and financial decisions on her behalf.
Services Australia (Centrelink) considered the payments a gift, so reduced Mrs Taylor’s pension. This meant it did not cover her accommodation and expenses at the aged care facility. The aged care facility was concerned about her financial status as she had a significant debt owed to them. Mrs Taylor was not aware of any payments made to her son or daughter-in-law and was worried and stressed. The aged care facility filed an application with the NSW Civil and Administrative Tribunal (NCAT), leading to NSW Trustee and Guardian being appointed as financial manager.
NSW Trustee and Guardian found evidence of possible misuse of Mrs Taylor’s money and successfully negotiated a repayment plan with the family members. The money recovered meant Mrs Taylor could repay her debt in full and secure her permanent placement. She now has money to comfortably meet her needs.
NSW Trustee and Guardian solicitor Tiffany says helping vulnerable customers is rewarding. “We are pleased with this result. Protecting our customer’s financial interests is an important part of our work to ensure their safety and security.”
Our agency can be appointed by a court or tribunal as a last resort to make decisions in the best interest of customers who can no longer manage their own financial affairs due to injury, illness, or disability. Our purpose is to protect, promote and support the rights, dignity, choices and wishes of the people of NSW.
*Names and identifying details have been changed to protect the privacy of individuals.