Appointing a representative

If you are able to give someone consent to speak and act for you, they can be set up as a regular representative.

A regular representative can speak and act for you, but must:

• seek your permission before discussing your personal My Aged Care information with anyone
• consult you on all decisions and actions they make on your behalf.

If you are unable to give consent to someone to speak on your behalf, you will need to have an authorised representative.

An authorised representative can speak and act for you, but must:

• ensure that decisions and actions made on your behalf are in your best interest
• keep your personal My Aged Care information confidential and not disclose it to any unauthorised persons.

To set up a regular representative, you can call My Aged Care, ask your assessor at your face-to-face assessment, or fill out the Appointment of a Representative Form.

Call My Aged Care

Call My Aged Care on 1800 200 422 with your chosen representative. Make sure they have their Medicare number ready.

OR

Ask your assessor

If your representative is with you at your face-to-face assessment, you can ask the assessor to add them as your representative.

OR

Complete the Appointment of a Representative Form

You and your representative can complete Part A and Part B of the Appointment of a Representative Form. You can:

• fax it to 1800 728 174, or
• mail it to: My Aged Care, PO Box 210, Balwyn, Victoria, 3103.

If you want to check that My Aged Care has received the form, please wait before calling (two business days for fax, six business days for mail).

Setting up an authorised representative involves the same process but also requires legal documentation. This legal documentation allows a person to manage your affairs when you do not want to, or are no longer able to.

Legal documentation needed

The type of legal documentation required to set up an authorised representative depends on whether a legal representative has been appointed.

If a legal representative is in place, My Aged Care will need:

• a letter from a Medical Practitioner that states the client cannot act on their own behalf, and
• one of the following documents that show you can legally act in this role:
  • Enduring Guardianship and a letter from a Medical Practitioner that states the client cannot act on their own behalf
  • Guardianship
  • Enduring Power of Attorney (ACT, QLD and Vic only) and a letter from a Medical Practitioner that states the client cannot act on their own behalf
  • Advance Health Directive (or similar) and a letter from a Medical Practitioner that states the client cannot act on their own behalf.

If a legal representative is not yet in place, My Aged Care will need:

• a letter from a Medical Practitioner stating the older person lacks the capacity to act on their own behalf, and
• a statutory declaration from the most appropriate person to act as representative.

The rules in each state and territory are different, so contact the relevant authority where you live, or your legal advisor.

See information on guardianship and the role of substitute decision makers in your state or territory:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

You can set up an authorised representative by:

Posting or faxing the required documentation

You can call My Aged Care on 1800 200 422 to discuss and start the process. But you will also need to send through the completed Appointment of a Representative Form (Part A and Part C), and the appropriate legal documents listed above. You can:

• fax them to 1800 728 174, or
• mail them to My Aged Care, PO Box 210, Balwyn, Victoria, 3103.

If you want to check that My Aged Care has received the form and legal documents, please wait before calling (two business days for fax, six business days for mail).

OR

Ask the assessor

At the face-to-face aged care assessment meeting, you can ask the assessor to set up an authorised representative. The assessor will take the relevant details down and will need to see the appropriate legal documents listed above.