Accepting information from and disclosing information to a Power of Attorney, administrator or financial manager 104-04060010

Determine if the agency has received and recorded the document, check if:

• the information has been recorded in a DOA DOC on the customer’s record, and
• there is no change to the attorney, administrator or financial manager’s authority, including any limitations

For further information, contact Level 2 Policy Helpdesk.

A POA, administration order or FMO legal document may be provided to the agency:

• uploaded to a customer’s record individually or with other documents, or
• in person at a service centre. When the legal document is presented in a service centre do not alter the document or remove any staples when copying for uploading to the customer’s record. This can render the document invalid

The Service Officer must complete further action, including identity checks before any customer details can be accepted or disclosed. If the Service Officer is concerned about potential risks, see:

• Identifying customer vulnerability and risk issues
• Family and domestic violence

Complete a social work service referral if necessary

Has the agency received and recorded the POA, administration order or FMO document?

• Yes, see Table 2 > Step 1
• No, go to Step 2

The terms and conditions of each authority will be outlined in the legal document.

A general POA:

• allows a person (the principal) to appoint someone (an attorney) to make decisions about their financial and other matters while they still have capacity to make these decisions
• is only valid until a person can no longer make decisions or act on their own

An Enduring Power of Attorney (EPOA):

• Allows a person (the principal) to appoint someone (an attorney) to make decisions about their financial and other matters when they have lost capacity to act for themselves
• Must be appointed before the principal has lost the capacity to act for themselves
• Most arrangements will only come into effect once the principal loses capacity and the attorney must provide evidence that the person has lost capacity to use the EPOA
• Other EPOA arrangements will come into effect immediately - prior to the principal losing capacity and can be used by the attorney to make decisions on the principal’s behalf
• The EPOA legal document will indicate when it becomes effective

The attorney(s) listed in the POA/EPOA can be appointed in various ways, these include:

• by a court of law
• by an administrative agency of a State or Territory concerned with the protection of a person and their property
• if the principal decides they need help to manage their affairs

An Administration Order or FMO:

• is issued by a court or tribunal and when a person loses capacity to make decisions due to disability, illness, or other reasons
• will specify a period, which may be temporary or indefinite depending on the individual’s circumstances

If an order is appointing an organisation, such as state or territory (public) trustee and is lodged with the Authorising a person or organisation to enquire or act on your behalf (SS313) form, a DOA DOC is not required. See Adding or rejecting a nominee request

For POA, administration order or FMO documents received on or before 31 August 2023 an individual attorney, administrator/financial manager:

• was only required to provide a copy of their photographic identification with the POA document
• is not required to have their identity verified in person unless there are any concerns regarding their identity

For POA, administration order or FMO documents received after 31 August 2023 the:

• agency must verify the identity of a person named in the legal document. This is before the staff can use it to accept or disclose customer information to the attorney/administrator/financial manager when they contact
• person named must have their identity verified in person with an approved photographic identity document at a service centre, agent or access point

If the attorney/administrator/financial manager:

• is wearing a facial covering, see Visual comparison of a customer who wears a facial covering and their photo identification
• does not own an approved photographic identity document. Ask for and code a Commencement of Identity (CoI) or Primary Use in Community (PUiC) identity document which can be verified through the Document Verification Service (DVS) in the Identity Confirmation Dashboard
• has a Centrelink record and access to their online account, they can create a Digital ID using myID. The Digital ID can be linked to their Centrelink online account in myGov

If an organisation is named as the attorney on the POA document, no proof of identity is required. However, when a representative of the organisation contacts, authentication is still required. Go to Step 8.

Due to the different types of authority given to an attorney/administrator/financial manager, identity requirements for persons named in the legal document will vary.

Number of attorneys, administrators or financial managers named in the legal document:

• Multiple, go to Step 4
• Single, go to Step 5

If more than one person is named on the legal document, check how they are authorised to act.

• Severally (including if the term is 'jointly and severally'): If only one of the appointed people has contacted, follow the same process for a single attorney/administrator/financial manager for that person. Go to Step 5
  This process will be required for each appointed person when they contact. Record on the POA or FMO DOA DOC. For DOC details, go to Step 9
• Jointly (not including if the term is 'jointly and severally'): All attorneys/administrators/financial managers will be required to have their identities verified in person and recorded against their Centrelink records. For each person named in the legal document, follow the same process for a single attorney/administrator/financial manager, go to Step 5
• Majority: For example, if there are 3 attorneys/administrators/financial managers named then at least 2 must agree to the action on the customer’s record. Those who agree and are the majority must have their identities verified in person and recorded against their Centrelink records. For each person named in the legal document who agree, follow the same process for a single attorney/administrator/financial manager, go to Step 5

Where only one attorney, administrator or financial manager is named in the legal document, locate their Centrelink record following Searching for a customer on the system.

If Centrelink record:

• cannot be located, go to Step 6
• can be located, Check the Identity Confirmation Dashboard in Process Direct on the POA’s record. Photo ID box is displaying as:
• Yes, approved photographic identification has been provided in person and linkage completed, go to Step 8
• No, identity verification is required, go to Step 6

Unable to locate a Centrelink record for the person named in the legal document and/or identity linkage is required.

Is the attorney, administrator or financial manager present in the service centre or on a call?

• Yes, ask for their CRN or get more information to complete a full search to locate it:
• If a record cannot be located, create one for the person. See Adding a customer to the system so their identity can be verified by linkage
• Provide the CRN to the person and if they are in the service centre with an approved photographic identity document, verify their identity by completing linkage. See Identity Confirmation. Go to Step 8
• If they do not have an approved photographic identity document with them or is on a call, tell them to present in person at a service centre, agent or access point with the required document to verify their identity. Place a detailed DOC on the customer’s record advising they are required to verify their identity in person. Procedure ends here
• No, and:
• a phone number for the attorney/administrator/financial manager has been provided, go to Step 7
• no phone number provided. Place a detailed DOC on the customer’s record advising could not contact the person and they are required to verify their identity in person. Create a CRN for the attorney/administrator/financial manager if they do not have one and there is enough information to create a CRN. Procedure ends here

Make one genuine attempt to contact the attorney/administrator/financial manager.

Is contact successful?

• Yes. Ask for their CRN or more information to complete a full search to locate it:
• If a record cannot be located, create one for the person. See Adding a customer to the system so their identity can be verified by linkage
• Provide the CRN to the person and advise they are required to take an approved photographic identity document in person at a service centre, agent or access point to verify their identity
• Record this information on a DOC on the customer’s record, including the attorney’s/administrator’s/financial manager’s name and CRN, and they are required to have their identity verified and linkage completed
• No. Place a detailed DOC on the customer’s record advising unable to contact the person and, they are required to verify their identity in person. Create a CRN for the attorney/administrator/financial manager if they do not have one. Procedure ends here

The privacy statement regarding collection of attorney’s/administrator’s/financial manager's personal information must be read to them. See Privacy Statement on the Resources page.

After reading the privacy statement to the attorney/administrator/financial manager, record details on the POA or FMO DOA DOC.

If it is not read to them when the legal document was provided, it must be read at the next contact. Annotate the POA or FMO DOA DOC.

Every POA, administration order or FMO is different depending on the customer's requirements and the state/territory they reside in. Check the document for any limitations listed that would prevent a service officer from accepting or disclosing information or prevent the appointed person performing an action, for example signing on the customer’s behalf. A limitation may also occur due to the number of attorneys, administrators or financial managers and how they are permitted to act.

For Centrelink purposes, a POA, administration order or FMO is accepted for financial and/or day-to-day decision-making.

Contact Level 2 Policy Helpdesk if there are concerns about the validity of the POA, administration order or FMO and the level of authority, such as:

• incorrect names and/or addresses on the document
• the limitations of the authority

The Service Officer must add a Display on Access (DOA) DOC on the customer’s record with details, including the verification of identity on the Centrelink record.

If an EPOA has been provided and it states that the attorney’s powers do not come into effect until after the customer has lost decision-making capacity, check if supporting or medical evidence has been provided. Use the POA Fast Note to record the information. If medical evidence has not been provided do not save it as a Display on Access (DOA) DOC. Save the Fast Note as a regular DOC and annotate it advising the EPOA can only be used once medical evidence of the customer’s impaired decision-making capacity is received.

Include on the POA or FMO DOA DOC the:

• attorney’s, administrator’s or financial manager’s full name and address
• attorney’s, administrator’s or financial manager’s CRN

Use Fast Note – select Auto text, use Generic > Enquiry > Power of Attorney or Financial Management Order.

A copy of the template text in the POA or FMO DOA DOC is on the Resources page.

POA, administration order or FMO documents are often used as supporting evidence to appoint a nominee, PPE or PPU.

Check the following screens for any existing authority the appointed person may have:

• Nominee (NOLS) screen to check if they have been appointed as a nominee for the customer
• Document List (DL) screen

This could be a POA or FMO DOA DOC, PPE DOA DOC or PPU DOA DOC including level of authority and time frame.

If the appointed person is a/an:

• nominee, see Accepting information from and disclosing information to a nominee
• PPE or PPU, see Person Permitted to Enquire (PPE) or Update (PPU)
• attorney, administrator or financial manager only, go to Step 2

Check the customer’s record for a POA or FMO DOA DOC, the record should show:

• who the attorney, administrator or financial manager is and their contact details, and
• any limitations to the authority as stated in the POA or FMO DOA DOC

Is there a POA or FMO DOA DOC?

• Yes:
• go to Step 3
• but the POA or FMO DOA DOC has expired. If it has expired the latest version of the legal document must be provided with supporting documents, see Table 1
• No, see Table 1 > Step 1

For information on how to authenticate a POA, administrator or financial manager see Authenticating a Centrelink customer.

Go to Step 4.

The Privacy Statement regarding collection of attorney’s, administrator’s or financial manager's personal information must be read to them. A POA or FMO DOA DOC will be recorded if the Privacy Statement has previously been read to the appointed person when the arrangement was set up.

Does the POA or FMO DOA DOC state the Privacy Statement was read to the appointed person?

• Yes, go to Step 5
• No, read the Privacy Statement to them and annotate the POA or FMO DOA DOC. See Privacy Statement on the Resources page. Go to Step 5

Every POA, administration order or FMO is different depending on the customer's requirements and the state/territory they reside in. Check the POA or FMO DOA DOC and/or legal document for any limitations that would prevent them from accepting or disclosing information or performing an action, for example signing documents on behalf of the customers.

For Centrelink purposes – POA, administration order or FMO is accepted for financial and/or day to day decision making.

Is there a limitation to this type of action?

• Yes and,
• multiple attorneys, administrators or financial managers go to Step 6
• the attorney, administrator or financial manager does not have the appropriate authority. Tell them they will need the customer to complete and lodge an Authorising a person or organisation to enquire or act on your behalf (SS313) form. Record the contact on a DOC. Procedure ends here
• No, go to Step 7

If there is more than one person named in the POA, administration order or FMO check the POA or FMO DOA DOC and/or legal document to see how decisions need to be made.

For joint or majority decision making it is the responsibility of the attorney, administrator or financial manager contacting the agency to provide written evidence the other attorneys, administrators or financial managers agree.

Has written evidence been provided?

• Yes, go to Step 7
• No and,
• if it is not required as the attorneys, administrators or financial managers can act severally, go to Step 7
• the attorney, administrator or financial manager does not have the appropriate authority. Tell the attorney, administrator or financial manager they will need the customer to complete and lodge an Authorising a person or organisation to enquire or act on your behalf (SS313) form. Record the contact on a DOC. Procedure ends here

If the terms of the POA, administration order or FMO allow it, a person with this authority can:

• sign and lodge agency forms (including claim forms) on behalf of the customer
• tell the agency of changes to the customer's circumstances
• request information held by the agency on the customer
• change the customer's payment destination. However, the new account must still be in the customer's name, or their name must appear on a joint account. If the person holding a POA, administration order or FMO wants the customer's payments to go to an account in their name then they need to become a payment nominee
• in urgent cases, request that the outcome of the customer's aged care means test assessment be sent through to the aged care service, providing certain criteria are met
• request to change the customer’s postal address

If the attorney, administrator or financial manager wants to receive copies of the customer’s Centrelink letters and statements, they need to become the correspondence nominee.

DOC the customer's record stating what action has been taken and the authority used for the action.

A customer receives copies of all their Centrelink correspondence. A request to change their postal address could indicate family domestic violence or elder abuse.

Under a general POA, if the attorney advises that Centrelink letters cause distress or confusion to the customer, they must provide evidence from a third party (such as the customer’s treating doctor) to support this.

Where the attorney requests to change a customer’s postal address to their address, and:

• a general POA is in place and customer is able to make their decisions:
• Service Officer asks (not prompts) the attorney for more information regarding reason for this request
• Attorney advises:
  they require copies of the customer’s correspondence – advise them they need to become the customer’s correspondence nominee by completing an SS313 form
  the letters cause distress or confusion to the customer – advise the attorney they must provide evidence to support this, such as a letter from the customer’s treating doctor
  insufficient or no reason is given – advise the attorney that the customer’s postal address cannot be changed without an acceptable reason
• an EPOA is in place and evidence the customer is not capable of making their own decisions has been provided:
• Complete the request to change the customer’s postal address to the attorney’s address
• an administration order or FMO is in place as the customer is not capable of making their own decisions:
• Complete the request to change the customer's postal address to the administrator’s or financial manager's address

DOC the customer’s record with the action and the authority used.

Note: a customer’s home or postal address must not be updated to the attorney’s if they have capacity to make their own decisions. The customer is entitled to receive copies of all their Centrelink correspondence and a request from a third party to change this could be an indication of family domestic violence or elder abuse.

If unsure, send a referral to the Level 2 Policy Helpdesk for advice.

The POA, administration order or FMO may be ended (revoked) or updated for several reasons such as:

• the appointed person has passed away or has lost decision-making capacity themselves
• the relationship with the attorney has changed
• the customer’s circumstances have changed, and the attorney is no longer appropriate for the role (for example due to divorce or estrangement)
• an administration order or FMO has been revoked by a court or tribunal

The customer can update or cancel their POA at any time, providing they can make decisions.

In most states and territories, the customer is required to inform the attorney in writing they are ending the appointment.

If the customer does not have the ability to make their own decisions, the state or territory civil tribunal can:

• end (revoke)
• update the POA, administration order or FMO or
• put a new order in place

Check if the revoked or altered POA, administration order or FMO was used to set up a nominee, PPE or PPU arrangement.

Check the following screens for any existing authority the attorney, administrator or financial manager may have:

• Nominee (NOLS) screen to check if the person has been appointed as a nominee for the customer
• Document List (DL) screen

For example, POA or FMO DOA DOC, PPE DOA DOC or PPU DOA DOC including level of authority and timeframe.

If the agency receives details that a POA, administration order or FMO arrangement has been altered or revoked, consideration must be given to the appropriateness of the nominee, PPE or PPU arrangement continuing.

Consideration may also be required into the timing of the revocation in cases where an EPOA has also been invoked due to customer’s incapacity. If unsure, send a referral to the Level 2 Policy Helpdesk for advice.

If the appointed person is a/an:

• nominee, see Cancelling a nominee arrangement
• PPE or PPU, see Person Permitted to Enquire (PPE) or Update (PPU) authority
• attorney, administrator or financial manager, go to Step 3

If the POA, administration order or FMO is revoked, annotate the existing POA or FMO DOA DOC and then expire it. See Creating, reviewing and deleting documents (including Fast Notes and DOA DOCs).

If the legal document was changed, a new POA or FMO DOA DOC is to be recorded. See Table 1.