General Medical issues thread

My brother lives in the house and yes we will get legal advice before we do anything.

Need to sort dad out first. He is suffering.
I am not qualified to give advice...however something I am looking at is a testamentary trust. You put all assets into the trust but it is not activated until you die. The advantages are keeping the assets safe from say daughter's future husband in event of divorce. Also enables any assets sales to be more tax-effective as children can be used to share the tax burden as the low income amount (currently $18k odd) would be used for them as if they were adults, instead of tax from $0.01 applied if a minor. I am told it will cost around $6k to set up including wills etc.. Talk to your tax planner.
 
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I am not qualified to give advice...however something I am looking at is a testimentary trust. You put all assets into the trust but it is not activated until you die. The advantages are keeping the assets safe from say daughter's future husband in event of divorce. Also enables any assets sales to be more tax-effective as children can be used to share the tax burden as the low income amount (currently $18k odd) would be used for them as if they were adults, instead of tax from $0.01 applied if a minor. I am told it will cost around $6k to set up including wills etc.. Talk to your tax planner.
We have done the same.
 
@JohnK's very sad plight is currently being played out across thousands of family groups in Au with little hope of positive outcomes.
As a nation we are not prepared for this crisis and we should have been.
The people were warned, it has been discussed for decades …..no good just blaming the pollies.

What did you imagine was going to happen to your parents @john K ?
What have you done to prepare for them.. or even more.. your own family ?

Hospitals are clogged with dependent folks and there is simply nowhere for most of them to go.
It takes extraordinary amounts of money to self care even if carers can be found.
Guvmn't has legislated very high carer charges in an attempt to make the exercise sustainable and fair to employees , this has
probably driven a majority of currently independent aged into the arms of a social system that cannot cope.

I entreat everyone who is retired or with aged parents to urgently prepare for survival with a broken social aged care system
The demographics have been there for years but successive Governments have refused to acknowledge what will happen as the population ages and prepare for that. And lack of aged care options is what leads to public hospitals being full to overflowing leading to lack of hospital beds leading to ambulance ramping. Across Australia. And stay at home care packages are so slow to be implemented. I know from experience that nursing homes ship people to hospital at the first sign of a health issue that will take too many of their resources to manage even if it's just temporary.
A testamentary trust is conceptually useful and we are so structured, however there are a lot of prickles …caveat emptor...
Do tell. It's something we are thinking of too.
 
All they have is house and $20,000 in bank that they've saving for funeral expenses.
Services Australia calculates what you dad need to pay. They will already likely have all the info they need but you should check with them. But from what you say, all he only needs to pay is 85% of his old age pension for his nursing home costs
We may avoid mum losing house if dad goes in nursing home
No that is very NOT true.
If a spouse who is considered a "protected person" is living and continues to live in the house, it is not part of the calculation toward nursing home contributions.


To avoid potential drama I thought about mum and dad transferring property to my brother and I
Services Australia looks at the assets that was held in the last 5 years. Disposition of assets within that 5 year period is ineffective to avoid nursing home contributions liability but in your mother's case it is not considered in any calculations if she continues to live in it.

Strongly suggest financial advice in circumstances like this.
 
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Further, while the marital home is exempt for the purposes of nursing home contributions if a protected person continues to live in it (eg spouse), the moment the spouse does not live in it or the house is sold/transferred (eg into a trust or ownership by another person or entity), it is my understanding that Services Australia will recalculate your dad's contribution EVEN if he is already a nursing home resident.

The value of the marital home that is used to calculate the nursing home contribution is currently indexed at $210,000 per spouse (as per July 2025) - this is called the home exemption cap. Again if no protected person is living in the home.

You and your daughter are not protected persons - unless you are on an Australian income support and have been living in the house for at least 5 years
 
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Further, while the marital home is exempt for the purposes of nursing home contributions if a protected person continues to live in it (eg spouse), the moment the spouse does not live in it or the house is sold/transferred (eg into a trust or ownership. Y another person or entity), it is my understanding that Services Australia will recalculate your dad's contribution EVEN if he is already a nursing home resident.

The value of the marital home that is used to calculate the nursing home contribution is currently indexed at $210,000 per spouse - this is called the home exemption cap.


You and your daughter are not protected persons - unless you are on an Australian income support and have been living in the house for at least 5 years
Mum was on full pension with $100,000 cash assets from Dads pension, no house. She lost all her pension plus had to pay around $100 a fortnight.
 
that was quite some time ago thought wasn't it. Things have changed quite a lot now
About 10 years! Exactly. And I did state 'in her case'. I do know there was also the option for a nursing home bond back then.

Things change so much and yet we are told to plan for it. I guess they really mean, put more and more money away for it. Then we are told that retirees with super are departing with too much money so spend it. 🤷‍♀️.
 
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About 10 years! Exactly. And I did state 'in her case'. I do know there was also the option for a nursing home bond back then.

Things change so much and yet we are told to plan for it. I guess they really mean, put more and more money away for it. Then we are told that retirees with super are departing with too much money so spend it. 🤷‍♀️.
it is very complex and I do feel for people who don't have someone to advocate for them.

Friend's father had no money so they found a broker to find him a nursing home because all Nursing homes must provide x number ( I think 2) beds for people with no money.

I think retirement villages are often much more of a rip off than nursing homes. Another friend's mum was in one for over 25 years and they really only pay back what you put in which was a pittance if you consider it now
 
My brother lives in the house and yes we will get legal advice before we do anything.

Need to sort dad out first. He is suffering.
The longer he has been there the better and you may find that is all that is needed and I would find out more regarding that. It is always good to sort as much out as early as possible and not have to worry about them later.
 
@JohnK Sorry to hear about your father. You need to ensure a few things are done now.
Your parent's wills need to be updated and they'll need to account for either party dying first. If either one dies intestate then it will seriously complicate matters. Get them to plan their funerals covering every detail. Also, get the appropriate power's of attorney prepared. Done properly the POA can assist all involved.

Start looking at aged care homes. Unfortunately relying on a government funded place will severely limit opportunities. And be prepared for interminable waiting for things to happen and then when they do, literally having minutes to respond. Note that your father will likely be required to share a room. The hospital will have staff who can give basic advice of the aged care home process.

When mum had a fall last year we checked that the will was up to date and that her funeral plans were still current. Mum had been proactive and ensured it was current, all her wishes had been recorded after discussion with her lawyer.

Mum's lawyer was able to support us with permission to sell her house ready to pay the RAD. My sister and I had POA and worked together with mum, her lawyer and the broker to ensure her move was done fulfilling her wishes and looking after her best interests. My sister discussed nursing homes with Mum and inspected a couple near her preferred location. In a stroke of genius and with mum's consent we engaged a licensed financial advisor and aged care broker. The broker was invaluable in ensuring all of the financial matters were ready for the move to the nursing home when mum was ft enough to move.

Whilst in hospital the aged care assessment team completed the paperwork confirming that mum needed to go to a nursing home. Mum was in hospital for about 16 weeks and the hospital was pressuring her to move to a nursing home. We discussed this with the broker and she handled the hospital. When a bed became available at mum's preferred nursing home the broker grabbed it and then asked us if mum wanted it. Of course we did, the broker had seen that it was available on-line and grabbed it within minutes of it being posted. Then we had 24 hours to get mum from the hospital to the nursing home or the room could potentially be given to someone else. Again the broker handled the transfer and it was done in a timely manner.

The broker handled all of the financial matters and with mum's consent, invested the left over money from the house sale to minimise the amount of daily fee contributions. The broker spent countless hours on the phone to Centrelink ensuring they had all of the required details and that mum paid the correct fees to the nursing home and that her pension was correct. The broker and the lawyer were both consummate professionals and let the other do their stuff and worked together when required.

Mum loved the nursing home and after some rehabilitation was able to get around on her electric wheelchair. She continued to use the Internet after I got it connected (first in the home to have her own connection) and was able to keep in touch with us and her grandchildren and great-grandchildren and her friends

Mum was in the nursing home for about 15 months before dying in August 2025. Because everything had been planned the funeral was exactly as mum wanted and all of the financial matters were easy to finalise. Again the broker and lawyer worked together on a very professional way and quickly finalised all matters including distribution of the assets. I notified the broker of mum's passing in the morning so she could consider grabbing the room for another client.

John, you've got a lot of things that will need to happen in the near future and I wish you and your parents all the very best for this hard time in all of your lives.
 
Mrscove and her sister were joint powers of attorney and Westpac wanted both to attend meetings at the bank. That was difficult because sis was still working. It would have been worse if one lived in another State.
The only document not done was the enduring power of guardianship.
They used a financial planner experienced in WA Aged Care and his $3,000 fee was truly worth it as he knew how to complete a 20 page government document.
 

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