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

Item

Description

Privacy Statement

Privacy and your personal information

The privacy and security of your personal information is important to us and is protected by law. We need to collect this information so we can process and manage your applications and payments and provide services to you. We only share your information with other parties where you have agreed, or where the law allows or requires it.

For more information, visit the Services Australia website.

Item

Description

1

Full name of the attorney:

CRN:

Address:

Phone number: <remove if not provided on the document or by the attorney>

Date of birth: <remove if not provided on the document or by the attorney>

Relationship to customer:

POA arrangement takes effect: (delete not applicable)

Immediately / When customer unable to make decisions

Other – specify:

Multiple Attorneys (delete if one attorney only; add more if required)

Full name:

CRN:

Address:

Phone number:

Date of birth:

Relationship to customer:

POAs must act JOINTLY, MAJORITY, JOINTLY and SEVERALLY (meaning independently) <remove if not multiple attorneys>

Any limitations to the authority:

Period: Indefinite or from dd/mm/yyyy to dd/mm/yyyy

Medical evidence required? Yes/No

Has medical evidence been provided: Yes/No

Photo identification has been provided and sighted, verified, and recorded on the CRN for attorney: Y/N

The attorney is aware of their responsibility regarding the customer's privacy: Y/N

Privacy notice was read to the attorney: Y/N

Item

Description

1

Question: Can an overseas POA document be accepted?

Answer: Any overseas POA legal document provided to the agency will be reviewed on a case by case basis and only where the customer has capacity. An EPOA that has been invoked cannot be used if it is not from an Australian State or Territory.

If a customer wishes to use a POA document in a foreign language to give the attorney authority to act or enquire on their behalf, it must be translated. If the use of the POA relates to agency business on behalf of the customer, such as assessing their eligibility for payments and services, then a request to translate the legal document can be referred internally. See Translation of documents. Otherwise, the customer or attorney must arrange for a certified translator to translate the legal document into English and provide it to the agency with a copy of the original document.

2

Question: How is an attorney’s identity verified if they reside overseas?

Answer: If an overseas POA legal document has been reviewed and accepted for a customer with capacity, the attorney will be required to provide copies of their international identity documents.

3

Question: Can a customer with a current POA in place nominate a different person as a nominee, or change nominees?

Answer: Yes. If the customer has capacity, they can appoint a nominee different to their attorney(s) listed in the POA document. As with any voluntary nominee arrangement, the customer can change this at any time. An example, where a financial advisor is appointed as correspondence nominee to manage the customer’s income and assets information.

4

Question: Can an attorney appoint a third party as a nominee for the customer?

Answer: Yes. Same as above. This can be done with either a general POA or an invoked EPOA (as long as the attorney has provided evidence that the customer is not able to make their own decisions).

5

Question: What evidence is accepted where a customer no longer has capacity to make their own decisions (as required for the EPOA to be invoked)?

Answer: Evidence for Centrelink purposes include:

• A relevant professional, such as a treating doctor, nurse, case worker or social worker can provide a letter or the medical evidence of the customer’s incapacity
• Advice stated in a legal document such as a court order issued regarding the customer’s loss of capacity, such as from Civil and Administrative Tribunal in customer’s State or Territory