What to do if a family member wants to remain living at home.
The decision to move a family member or friend into aged care can be incredibly difficult and the process becomes more complicated if the person does not wish to make the move:
- If the person is adamant that they wish to remain in their own home and they are still legally competent to make decisions, then that person cannot be forced to move into aged care.
- If the person has lost capacity to make decisions and they consent to an Aged Care Assessment Team (“ACAT”) assessment, then it will depend if somebody has been appointed to be their substitute decision maker or guardian. A substitute decision maker has the authority to select an aged care facility, subject to any wishes which may have been expressed in the documents. The financing of the move, which may involve the sale of a property, requires somebody to have the legal authority to conduct these transactions. This authority may exist under power of attorney.
- If the person will not consent to an ACAT assessment and/or there is no family member or friend who has legal authority to make decisions, then the matter would need to be referred to the South Australian Civil and Administrative Tribunal (“SACAT”).
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