Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia

T. Carney, 'Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia' in L. Ho and R. Lee (Eds.), 'Special Needs Financial Planning: A Comparative Perspective', CUP, 2019, pp. 3-29

Sydney Law School Research Paper No. 19/71

22 Pages Posted: 2 Dec 2019

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Date Written: November 28, 2019

Abstract

This chapter reviews legal instruments and avenues available for planning support for people with cognitive impairments in Australia, including adult guardianship, durable powers of attorney, representative payee and nominee appointments, and special needs disability trusts; the associated public institutions such as guardianship tribunals, office of the public advocate, and public trustees; and their interaction with service delivery programs such as the National Disability Insurance Scheme and social security. It is argued that the configuration of planning instruments, and the timing of their introduction, reflects adaption to the architecture of its welfare state, including its somewhat unique combination of extensive access to tightly means-tested income support (and reforms to overcome tax minimisation or avoidance), the absence of any expectation of family support, and acceptance of state responsibility for funding of services for disabled people least able to care for themselves.

Keywords: special disability trusts, adult guardianship, national disability insurance scheme, durable powers, representative payees

JEL Classification: K10, K30

Suggested Citation

Carney AO, Terry, Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia (November 28, 2019). T. Carney, 'Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia' in L. Ho and R. Lee (Eds.), 'Special Needs Financial Planning: A Comparative Perspective', CUP, 2019, pp. 3-29 ; Sydney Law School Research Paper No. 19/71. Available at SSRN: https://ssrn.com/abstract=3495291

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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