EBL Newsletter EBL_Newsletter_Winter_2019_WEB | Page 10

Jeremy Moore’s Ethical Guide for
Supporting People with Intellectual
Disability (Cont'd)
Need up-to-date Power of Attorney and Advanced Care Directive
To cover what happens if you can’t make decisions because you have lost capacity.
What happens if you lose capacity without a power of attorney?
Your money may not be used to continue providing financial assistance for the family member with
intellectual disability. Your affairs could be managed by the Public Trustee until you die.
What happens if you lose capacity without an effective advanced care directive?
The decisions could be made by someone who doesn’t understand what you would want to happen, and
who may not care about the needs of the family member with intellectual disability to make the appropriate
decisions in favour of their care.
For example, you may be a parent who goes into aged care and would want to make sure you lived close by
to your daughter or son with intellectual disability so that they can visit and spend time with you.
Get an Advanced Care Directive and Power of Attorney
See a lawyer who understands the issues faced by people who want to make sure that there are proper
arrangements for their family member from the time they’ve lost capacity until they die (sometimes that
can be 20 years or more). The lawyer needs to be able to work with the family to develop a solution that
enhances and protects the future of the family member with intellectual disability.
What is a Companion Support Plan?
It is a written plan that establishes practical arrangements for a suitable substitute(s) to step into the shoes of
the main supporter(s) (for example Mum) and take over the role of providing advocacy, emotional and other
support for the person with intellectual disability.
The plan comes into operation upon the death or inability of the main supporter(s) to continue to provide
advocacy and support for the person with intellectual disability.
Consider the need for a Companion Support Plan if there is uncertainty as to;
• who will make decisions when appropriate with and/or on behalf of the person with intellectual disability
as to where they live, what they do and health care matters and
• who will provide ongoing emotional and other support for the person with intellectual disability.
Get a Companion Support Plan
This involves finding a specialist lawyer or someone else, who understands the complexities facing the person
with intellectual disability if there is no plan. That person needs to be able to work with family and friends
to develop a Plan. This will include an acknowledgement of the issues facing the person with intellectual
disability and an agreement as to who does what and when to ensure the person with intellectual disability
continues to have family and friends actively involved in their life.
The plan should provide the framework for the person with intellectual disability to have the opportunity to
live a fulfilled and happy life.
Copyright © Jeremy Moore. All rights reserved.
Please note that nothing in this guide ‘Jeremy Moore’s Ethical Guide for Supporting People with Intellectual Disability’ constitutes or
is intended to constitute investment, financial, property, mortgage or legal advice and should not be relied upon by any person as a
substitute for professional advice.
10 EBL QUARTERLY NEWSLETTER