Accepting information from and disclosing information to a Power of Attorney 104-04060010

Determine if the agency has received and recorded the POA 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(s)
• the type of authority, including any limitations

For further information, contact Level 2 Policy Helpdesk.

A POA 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

Has the agency received and recorded the POA document?

• Yes, go to Table 2
• No, go to Step 2

Note: 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.

If the customer has capacity to make their own decisions, the legal document provided can either be a general POA or an EPOA.

The terms and conditions of each POA/EPOA 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

For POA documents received on or before 31 August 2023 the attorney:

• 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 documents received after 31 August 2023 the:

• agency must verify the identity of a person named as an attorney in the legal document. This is before the staff can use it to accept or disclose customer information to the attorney 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:

• 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 Identity using myGovID. The Digital Identity 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, identity requirements for persons named in the POA document will vary.

Number of attorneys named in the POA document:

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

If more than one attorney is named on the POA document, check how the attorneys are authorised to act.

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

Where only one attorney is named in the POA document:

• Locate their Centrelink record following Searching for a customer on the system
• 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
• Centrelink record cannot be located, go to Step 6

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

Is the attorney 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 attorney. See Adding a customer to the system so their identity can be verified by linkage
  Provide the CRN to the attorney and if they are in the service centre with an approved photographic identity document, verify their identity by completing linkage. See Identity Confirmation
  If the attorney does 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
• No, and:
• a phone number for the attorney 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 attorney and the attorney is required to verify their identity in person. Create a CRN for the attorney 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.

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 attorney. See Adding a customer to the system so their identity can be verified by linkage
  Provide the CRN to the attorney 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 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 attorney and the attorney is required to verify their identity in person. Create a CRN for the attorney if they do not have one. Procedure ends here

The privacy statement regarding collection of attorney's personal information must be read to the attorney. See Privacy Statement on the Resources page.

After reading the privacy statement to the attorney, record details on the POA DOA DOC, go to Step 9

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

Every POA 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 POA performing an action, for example signing on the customer’s behalf. A limitation may also occur due to the number of attorneys and how they are permitted to act.

For Centrelink purposes, a POA 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 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 DOA DOC the:

• Attorney’s full name and address
• Attorney’s CRN

Use Fast Note - select Auto text, use Generic > Enquiry > Power of Attorney.

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

POA documents are often used as supporting evidence to appoint a nominee, PPE or PPU. This procedure is for POA only arrangements.

Check the following screens for any existing authority the attorney may have:

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

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

If the attorney is a:

• Nominee, see Disclosing information to a nominee
• PPE or PPU, see Person Permitted to Enquire (PPE) or Update (PPU)
• POA only, go to Step 2

Check the customers record for a POA DOA DOC, the record should show:

• who the attorney is and their contact details, and
• any limitations to the POA DOA DOC to the authority

Is there a POA DOA DOC?

• Yes:
• go to Step 3
• but the POA 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

For information on how to authenticate a POA, see Authenticating a Centrelink customer.

Go to Step 4.

The Privacy Statement regarding collection of attorney's personal information must be read to the attorney. A POA DOA DOC will be recorded if the Privacy Statement has previously been read to the attorney when the arrangement was set up.

Does the POA DOA DOC state the Privacy Statement was read to the attorney?

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

Every POA is different depending on the customer's requirements and the state/territory they reside in. Check the POA 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 is accepted for financial and/or day to day decision making.

Is there a limitation to this type of action?

• Yes and,
• multiple attorneys, go to Step 6
• the attorney does not have the appropriate authority. Tell the attorney 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 check the POA 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 contacting the agency to provide written evidence the other attorneys agree.

Has written evidence been provided?

• Yes, go to Step 7
• No and,
• if it is not required as the attorneys can act severally, go to Step 7
• the attorney does not have the appropriate authority. Tell the attorney 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 allow it, a person with POA 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 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
• if the attorney wants to receive copies of the customer’s Centrelink letters and statements, they need to become the correspondence nominee
• request to change the customer’s postal address, go to Step 8

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:
• Service Officer completes the request to change the customer’s postal address to the attorney’s address, or
• if the attorney is the customer’s correspondence nominee, go to Step 9

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 attorneys 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.

Customers with a voluntary nominee arrangement reason cannot have their letters suppressed.

If there is an EPOA in place and the attorney is the customer’s correspondence nominee, check if the reason for the arrangement is voluntary or involuntary.

In the nominee’s record go to the Nominee Relationship Summary (NORS) screen. The Reason for Arrangement will be displayed as:

• involuntary reasons (Power of Attorney Involuntary (PAI) or Court Appointed (CRT)), or
• voluntary reasons (voluntary (VOL) or Power of Attorney (POA))
  If the nominee arrangement with the attorney is now considered involuntary, update the nominee arrangement reason to PAI or CRT. Reasons for changing to an involuntary nominee arrangement include:
• customer has lost capacity
• medical evidence has been provided
• the EPOA has been invoked, and/or
• there are court documents appointing the attorney to manage the customer’s affairs

Letters can be suppressed when there is an involuntary reason on the NORS screen.

To suppress the letters

• Go to the Customer Link Summary (NOLS) screen
• Select the nominee arrangement
• From the Nominee Task Selector (NOTS) screen, select Nominee Relationship Summary (NORS)
• Date of Effect: field, todays date
• Suppress Advices to Customer: field, key ‘Y’
• Source: INT, DOR: T and Action: I
• Finalise the update

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

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

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

• the appointed attorney 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)

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) or
• update the POA or
• put a new order in place

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

Check the following screens for any existing authority the attorney may have:

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

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

If the agency receives details that a POA 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 attorney is a:

• Nominee, see Cancelling a nominee arrangement
• PPE or PPU, see Person Permitted to Enquire (PPE) or Update (PPU) authority
• POA, go to Step 3

If the POA is revoked, annotate the existing POA 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 DOA DOC is to be recorded. See Table 1.