Chapter 4
Need for lifelong and sustainable planning
4.1
As noted in its terms of reference, the committee seeks to assist carers
find an appropriate answer to the question: 'What happens when I / we can no
longer care?' or the attendant question: what happens when there is nobody to continue
in a planning or quality monitoring role? In responding to these questions the
committee proposes to examine future planning options that involve ongoing,
sustainable, 'big picture' planning. Critical to such planning is the
involvement of people who care, including friends, relatives and other members
of the community, who can do what one disability support organisation in New
South Wales referred to as: the caring about, and not just the caring for.[1]
In this chapter the committee will examine the challenges faced by carers, the
current life path of people with a disability and the need to establish planning
cultures. This will be followed by a chapter which provides an overview of different
planning models and which explores the types of assistance that could be
provided to families to promote 'big picture' planning.
4.2
The committee notes that as people with disability are a large and extremely
diverse group their planning needs are likely to be equally varied. For
example, the planning support required for a person with a decision making
impairment, be it an intellectual disability or a mental health disability,
will be very different from that required by a person with a physical
disability, who may be experiencing premature ageing. There will also be
significant variation in the needs of different people within these groups. The
planning challenges will also vary for Aboriginal and Torres Strait Islanders;
for people from non-English speaking backgrounds; or for people living in rural
and remote areas where there are inadequate formal support services.
Population ageing
4.3
As briefly discussed in Chapter 1, Australia is experiencing significant
population ageing and it is anticipated that within the next decade there will
be a considerable reduction in the levels of informal care and support available
to people with disabilities.[2]
The Australian Bureau of Statistics (ABS) recently released updated data on
Disability, Ageing and Carers. This builds on data published by the ABS in
2003. It suggests that in 2009 there were 2.6 million carers who provided
assistance to a person with a disability, or to a person aged over 60 years. This
represented 12.2 per cent of the population. Just under one third of these (29
per cent) were primary carers; that is, they were people who provided the
majority of the informal support. Over two-thirds of them, or 68 per cent, were
women.[3]
Age of carers in
Australia 2009—Numbers ('000)
Age Group |
Primary carer |
Not primary/ Other carer |
Total carers |
Less than 18
years |
4.4 |
148.1 |
152.5 |
18–24 |
18.5 |
133.8 |
152.3 |
25–34 |
65.5 |
193.3 |
258.8 |
35–44 |
140.0 |
295.5 |
435.5 |
45–54 |
167.9 |
408.0 |
575.8 |
55–64 |
179.3 |
357.4 |
536.7 |
65–74 |
121.3 |
207.5 |
328.8 |
75 years and
over |
74.6 |
117.1 |
191.7 |
Total |
771.4 |
1860.7 |
2632.1 |
Source: ABS 2009 Survey of Disability, Ageing and
Carers[4]
4.4
These figures suggest that a significant number of the 2.6 million
carers in Australia are over the age of 60—328,800 are aged over 65 and 191,700
are aged over 75 years. A further 536,700 are aged between 55 and 64. In
examining the numbers of primary carers aged 65 or more we find the
number at close to 200,000. While it should be noted that these figures relate
to the number of total carers—people who provide assistance to older people and
people with disabilities—these statistics reinforce the urgency of the planning
challenge. They reinforce that in the next decade many carers will either die or
find themselves unable to care. Therefore, as the size and capability of the
informal care sector declines, it is essential that the community finds
alternative ways to ensure the quality of support for people with disabilities.[5]
Given that Australia is anticipating significant population ageing and there is
expected to be a significant reduction in the amount of informal care support
available, the committee is deeply concerned about the outlook for people with
disabilities.
4.5
In October 2008, the ABS published A Profile of Carers in Australia.
The report provides an overview of the characteristics of people who provide
informal assistance to someone with a disability, or long-term health condition,
or to a person aged 60 years and over. The report suggests that primary carers
were often related to the person they were caring for: 42 per cent were
partners; 26 per cent were children (caring for a parent); and 23 per cent were
parents (caring for a child). The report also suggests that the most common
reported reason for why primary carers take on a carer role was: family
responsibility (58 per cent), carers feeling that they could provide better
care than others (39 per cent) and emotional obligation (34 per cent). In
addition, carers are reported to have, as a consequence of their caring role, lower
incomes, lower labour force participation and lower levels of educational
attainment than non-carers.[6]
4.6
In the above statistics, 23 per cent of all carers were identified as
being parents who cared for a child. It is this 23 per cent, many of whom are
aged over 65, who represent the most urgent planning challenge.[7]
4.7
In the consideration of one particular cohort of carers, mental health
carers, the statistics are even more concerning. In referring to the Mental
Health Carers Report 2010, the Mental Health Council of Australia provided the
following data to the committee:
We had 765 responses to the carers report 2010, and I will
give you a little bit of background of who these people were. They were all
mental health carers. Eighty-two per cent of them were women, sixty per cent of
them cared for an adult son or daughter and the average age of the carers was
58—that is the average. Thirty per cent of the carers were actually over the
retirement age of 65, and 88 per cent of them were over the age of 45. We are
talking about seriously ageing people. Sixty-one per cent of them said that the
consumers had lived with them during the last 12 months. So we have a picture
here of adult sons and daughters living at home with ageing parents or carers
or a single carer. One of the most staggering figures was that 77 per cent of
the respondents said that they were responsible for the day-to-day integration
of any sorts of support systems for the person they cared for, whether they
lived at home or lived out of home—not social services, not PHaMs [Personal
Helpers and Mentors Program] workers but the carers themselves.[8]
4.8
The Mental Health Council of Australia also explained that these carers are
seriously concerned about the lack of options to assist with accommodation and
care and, by and large, remain unprepared for the time when they can no longer
care.[9]
Challenges faced by carers
4.9
While the ageing demographic and the anticipated reduction in the number
of informal carers suggests the need for planning services, evidence taken by
the committee indicates that many people are so consumed by their day-to-day caring
role that they have not even begun to start thinking about planning.
4.10
There may be other reasons why planning is not taking place. Some carers
may even deliberately avoid planning as they are unable to come to terms with
the prospect of living without a dependent child. Some are concerned about
their capacity to cope emotionally while others are concerned about their
capacity to cope financially. Other carers find it difficult to acknowledge
their own mortality and therefore struggle with the gravity of the question: 'What
happens when I can no longer care'? [10]
4.11
Further, a large portion of the disability community is not currently
involved in any type of formal planning process.[11]
In referring to the reach of disability service organisations involved in
planning, Dr Ken Baker, National Disability Services, suggested:
Many disability service organisations are involved in
planning with clients and their families, but there is a significant population
of people with disability and carers who are only marginally involved with
services, or not at all involved.
In 2007–08, 245,000 people received some form of support from
specialist disability service funded under the CSTDA (now National Disability
Agreement). Many of these people—particularly those receiving accommodation
support and community access services—are engaged in regular (usually yearly)
planning. When done thoroughly, this planning involves families and informal
carers as well as the person with disability and it considers longer-term future
needs as well as developing a plan for the coming year or so. Families with
ageing carers often need additional assistance to start putting in place
arrangements in preparation for changed circumstances into the future.
About two-thirds of the potential population (people with
severe or profound disability aged under 65 years) do not currently receive any
form of specialist support services. While they may receive some services, such
as HACC or respite, they will typically miss out on regular and detailed
planning processes that identify future as well as current needs.
Of particular concern are the people with disability who
first come into contact with the service system at a time of crisis. They are
not connected with any services and may find the sudden engagement with
unfamiliar people and places very disconcerting. Carers of these people, if
they can be identified, will often need significant support and encouragement
to have in place emergency plans as well as plans for the future.[12]
4.12
Dr Baker's evidence offers some explanation as to why planning is not
taking place. It suggests that the large number of people who operate outside
the specialist support network—two thirds of the population of people with
severe or profound disability—are only coming to the attention of the
disability support organisations when they reach the point of crisis. They are therefore
not being encouraged to undertake planning until it is too late.
4.13
Yet it is not simply that people with disabilities and their carers frequently
operate outside the formal service system, but many carers have lost confidence
in the capacity of the system; others have disengaged as a result of the lack
of formal planning mechanisms. These people need information and support to
understand and manage what is a complex process, and to be reassured that there
is value in planning.
4.14
In Melbourne the committee received evidence from Ms Lesley Baker. Ms
Baker's evidence is compelling for it offers a snapshot of the day-to-day challenges
faced by the carer of a child with complex care needs. It is useful to quote Ms
Baker's evidence at length because it demonstrates that many parent-carers do
not have the time to plan; it illustrates the social isolation that is often
experienced by parent-carers, while also articulating the concerns that
parent-carers have for the future:
In January I will be 67 years old. I am the sole carer of my 33-year-old
intellectually and physically disabled son, Benjamin. I have been his sole
carer since his father left when he was 18 months old...[Ben] does not speak and
he displays some autistic tendencies. He can walk but not for distances, so he
requires a wheelchair outside home. He also suffers from chronic sleep apnoea
and he is one of the worst recorded cases worldwide. He requires 24-hour supervision
and care which means virtually I toilet him, bathe him, feed him, dress him,
teach him, entertain him and do everything else. He cannot be left alone in the
house at any time and I have to sit next to him at night when he is going to
sleep to watch for obstructions with the sleep apnoea. With all of that he is
the most delightful young man with a whimsical sense of humour and he adores
people.
He attends a day training centre five days a week. He leaves
around 8.15 and gets home at four. He enjoys his life. He is very happy at the
centre with his peers and his special workers and he enjoys coming home for
tea, activities and bed...The rest of the time I am on my own. I have the eight
hours a day that he is away to do everything else, household chores, household
maintenance, gardening, banking, cooking, shopping, maintaining his accounts in
accordance with VCAP [Victorian Carers Action Plan] requirements, meeting with
support workers and agencies, constantly updating the endless paperwork...
I do get one night a week to possibly go to the movies and,
if I do go, I go alone. Older friends have drifted away because they now have
their retirement and their grandchildren to look forward to. My parent friends
are equally confined to barracks. Most of my social interaction is with the
carers who come in to look after Ben. I have had a rotating workforce of
literally almost hundreds of carers over the years, so it is hardly surprising
I live basically in social isolation. Caring for Ben has also taken a physical
toll. I am currently on the waiting list for a complete shoulder reconstruction
but I am on the list behind a lot of people who can afford private health insurance
and who have no-one waiting for caring. However, I will not be able to have
that operation unless I can find the funding for care for Ben during my
rehabilitation.[13]
Certainly, for those of us who are caring for adult children
still at home there is no retirement date, there is no superannuation. We gave
away our careers and money many years ago. Our reward for years of care really
is the agony of wondering what the hell is going to happen to them when we are no
longer around...I am the only one who can interpret what Ben wants, what he needs
or is comfortable with, and what he is afraid of...
The future for both of us really cannot be taken any further
than the fact that I will be at home this afternoon to get him off the bus.
Despite being 12 years on the urgent needs for housing list, he has never had
an offer and there is no reason to suppose he will get an offer within the next
12 years because of a massive shortfall in housing. When the call does come
from an impersonal voice we will be given an address and a contact phone number
for a house that we will not be familiar with nor with any of its occupants. We
will just be given a date and have to take it from there...
Intellectual disability does not mean stupidity. It does not
mean anywhere will do. He has got the same hopes, likes and fears as any other
young man. He just cannot express them clearly. But one thing he does not have
is a concept of the future. He has no concept of death or loss or that some day
he will be without me. It is impossible to inform him that one day he will live
with other people and that on another day I simply will not be there.[14]
4.15
Ms Baker, like many contributors to the inquiry, have suggested that
parent-carers are so consumed by their caring responsibilities that they have little
opportunity to start thinking meaningfully about the future.[15]
This combined with the fact that it is extremely difficult for carers to access
respite, means that many carers have not had the opportunity to begin to think
about planning. The lack of future planning by parent-carers, their lack of
energy and resources, is poignantly represented by Ms Baker's statement that
the sense of the future is confined to being available to get Ben off the bus.
4.16
Parent-carers such as Ms Baker often see support workers come and go but
feel that it is the parent alone that understands and advocates for the needs
of the child with a disability. The parent-carer therefore becomes both the
primary advocate and the repository of all the information about the needs of
the person with a disability. Other submitters to the inquiry have explained
how this may further detract from the establishment of a planning culture. Down
Syndrome New South Wales referred to problems associated with a parent
retaining all the knowledge of an individual's care needs:
As parents, we are not very good at keeping records of what
we have done. As the mother of a person with a disability, you are the boss of
the game, you keep it all in your head and you keep it going. When you are not
there, who knows what you have even tapped into, what has been explored before
and what has not? That is something else that we should perhaps be talking to parents
and families about—keeping better records, in whatever format, of what the
person's needs are and how they are actually being met on a day-to-day basis
rather than just letting mum take care of it so that, when mum is not there,
nobody knows where to start and it all has to start over again.[16]
4.17
Evidence about the social isolation Ms Baker experiences as a result of
her care commitments was also reinforced by other witnesses. Life Without
Barriers expressed concern about the mental health of both socially isolated
care providers and older people with disability living with parent-carers:
There is a great deal of depression and mental health issues
in the population of older people with disability who reside at home with their
parents. And, more broadly, older people with a disability do experience
greater issues around mental health. Often parents are suffering mental health
problems as well. Often this is due to isolation experienced by these family
units.[17]
4.18
Against this backdrop of social isolation and depression, it can be
difficult for carers who have spent decades caring for a person with a
disability to begin to consider future planning options. To do so requires
carers to contemplate a situation whereby they are no longer the primary carer
for their son or daughter, and further, that at some point they will die and
there will be no choice in the matter—the person with a disability will need
someone else to care for them. Issues around personal mortality are
particularly difficult for carers who have spent their own lives keeping
someone else alive and well. As Dr Ken Baker explained:
What has been striking not just from the Anglicare Sydney
study but from an earlier study of maybe five years ago by Scope Victoria is
the extent to which people overestimated their capacity to continue a caring
role long into the future. People well into their 70s are anticipating in the
Scope study that they can continue to care for another 20 years.[18]
4.19
Other concerns carers may have with respect to future planning relate to
feelings of guilt relinquishing the care of a person with a disability and
loneliness following the departure of a family member from the family home.[19]
In some cases, carers of people with an episodic mental illness might find
future care planning particularly confronting when what they actually hope for
the future is that the person will recover.[20]
4.20
Ms Baker's account reveals the complexity involved in planning for
someone with a decision making impairment. For while it is clear that people
with intellectual disabilities remain heavily reliant upon the parent-advocate,
they may well be capable of participating in decision making about their ongoing
support and representation. However, in Ben's case, his involvement in the
planning process may be limited by the fact that he has no concept of the
future.
Life path for people with a disability
4.21
The current life path for a person with a disability is, in most
instances, very different from a person without a disability. People with
disabilities rely heavily on parental support; spend more years in the family
home; may not participate in the workforce or, if they do, may require additional
support; and they may retire from employment earlier than others.
4.22
As documented above, many people with disability continue to live with
their parents or family until the family no longer has the ability to care.
Life Without Barriers expressed concern about the way that this affects the
independence, and decision making capacity, of the person with a disability in
ways which may ultimately affect their capacity to plan:
In many ways people remain essentially stuck in a childlike
or adolescent life stage instead of developing the emotional, psychological,
financial and functional skills to be as independent as they can be to make
their way in the world without their parents and vice versa, for their parents
to make their way in the world without their children.[21]
4.23
While this comment suggests relationships of co-dependency it also
suggests that future planning options need to emphasise transition planning to
assist people with disability effectively negotiate the various life
stages—moving out from the family home, finding employment, and retirement from
employment.
4.24
While it would be useful to be able to normalise the moving out of home experience
for people with disability, any current attempt to engender independence is
undermined by a lack of services, accommodation and employment prospects. For
those able to work, employment provides the financial independence necessary to
assist people plan for the future and potentially move out of the family home. Without
it, people with disability are reliant on either informal support or the housing
support system which, as we have seen, has very long waiting lists.
Additionally, people with disabilities who are employed may find it easier to access
other supports like aids and equipment. Nevertheless, in spite of the obvious benefits
of employment, evidence provided to the committee suggests people with
disability may find themselves unable to find work, not as a result of any inability
to participate in the workforce, but because of the limited opportunity.[22]
4.25
For those who do participate in the workforce, transitional life
planning also needs to be undertaken for people seeking to retire, particularly
those retiring from Australian Disability Enterprises (ADEs). Clearly people
ageing with a lifelong disability have distinctive needs in relation to
retirement. Mai-Wel, a disability service providers in the Lower Hunter region,
outlined what is involved in retirement placing for people with disabilities:
Obviously retirement planning is very important for an
organisation that has over 100 supported employees. We acknowledge that for all
employees, as for all other employees in the community, there needs to be some
planning process in place. We also acknowledge that for people with a disability
this may well be a staged process, beginning with the development of a
retirement plan and then having a number of steps until retirement finally
takes place and there is an exit from the workplace. There are things like
sampling of retirement options. If you have been in an ADE or an Australian
business enterprise for 40-odd years, you really do not know what options are out
there, so there is sampling of those. There is also reducing their work hours
so that they can access a generic or disability-specific day program. We
believe that the federal government has some role in this. At the moment they
do not give us funds to be able to assist supported employees down the
retirement process, and I think that is something that they could do by way of
releasing the older supported employees to be able to access some of those
options.[23]
4.26
The committee heard that it is currently very difficult for people with
disabilities to retire because there appears to be a complete lack of
post-retirement support. Suggesting that almost 50 per cent of the people in
supported employment are going to be aged over 50 in the next five or six years,
Professor Christine Bigby suggested:
It is also going to affect the quality of life of those
people who want to have less of a stressful life and may want to retire. At the
moment, it is very hard to retire. People see it as an enormous risk because
they may be left at home with no support to swap work for more meaningful
activity of their choice.[24]
4.27
Even more concerning was evidence provided by the Mai-Wel, which
explained that they have 12 supported employees who are depending on fundraising
for their retirement.[25]
4.28
Beyond the difficulty of managing the transition for each of these life
stages there is no sense that there is any effective planning system enabling a
person to feel, with any confidence, that he or she can negotiate moving
through the traditional life stages. People with Disability Australia pointed
to the lack of cohesion:
We have had a number of governments working very hard over a
number of years to set up responses to people with disability, but there is no
cohesion to those responses. There is no sense that I would imagine, beginning
life as a person with disability, that I could see my way forward all the way
through to old age, knowing how things are going to be laid out for me, how I
am going to have opportunities for education and employment, where I am going
to live when I choose where I want to live, those kinds of things.[26]
4.29
In short, there is too little support available at each transitional
life stage let alone any support that resembles an integrated and cohesive life
plan. The committee would like to stress that managed transitions are
particularly important for people who may find unpredicted change difficult,
such as people with intellectual disabilities.[27]
Recommendation 2
The committee considers it critical that effective planning support
be available for people with disabilities transitioning from education to
employment and from employment into retirement. The committee recommends that the
Department of Families, Housing, Community Services and Indigenous Affairs
provide retirement planning support options for people employed in Australian
Disability Enterprises.
Premature ageing for people with physical and intellectual disabilities
4.30
In considering the current life path for a person with a disability it
is also important to recognise that some people with physical and intellectual disabilities
age prematurely. Evidence suggests that the use of chronological age for determining
eligibility for access to specialist aged care services has proved a
significant barrier for people with physical or intellectual disabilities.[28]
The committee heard from several witnesses affected by either cerebral palsy or
post-polio syndrome who experience early-onset ageing. The stress on muscles
and bones that people with these conditions experience often results in
osteoporosis. Further, those confined to wheelchairs often experience poor
circulation and reduced muscle tone in the legs which can result in other
muscular-skeletal problems. Other disability groups also have degenerative
conditions that require them to access specialist aged services, among them,
people with intellectual disabilities, and in particular, people who experience
early-onset dementia. People with intellectual disabilities are one of the
largest groups of people who will have early-onset dementia because of the
connection between Down syndrome and dementia. Professor Christine Bigby
offered the following comment:
I think that one of the issues is that this is a unique group
of people who are ageing with a lifelong disability. They have very different characteristics
from a lot of older people, they are a very small minority potentially within
the aged-care system, and at the moment there is a policy vacuum because nobody
wants to take the responsibility for this group of people.[29]
4.31
The committee raised concerns about access to aged care services for
people affected by cerebral palsy or post-polio syndrome with the Department of
Health and Ageing. The department explained that they were not aware of access
problems for those who had acquired a disability as a result of polio or for
those with cerebral palsy.[30]
However, the department suggested that if people are experiencing need to access
aged care services they would be able to undergo an assessment processes:
The agreement that was established back in the late 1990s
with the states and territories around people under the age of 70 accessing
community care or residential care will remain in place. If it is agreed there
are no other facilities or care services more appropriate to meet the person's
needs then that is when an ACAT [Aged Care Assessment Team] assessment is the
most appropriate assessment and that is the pathway to community care or
residential care.[31]
4.32
Despite the reassurance of the department the committee received
evidence suggesting the assessment process is not operating as seamlessly in
the community and that people with premature ageing were experiencing
difficulty at the disability and aged care interface:
It is also very hard for people who have intellectual
disabilities—who have, for example, Down syndrome and are ageing prematurely
and have dementia—to get access to high-quality aged-care assessments,
aged-care clinics and geriatric medicine. Because of the age barriers to those
services, they are stuck at the interface. There are protocols that say you
should not use aged care unless it is the last resort, so people get batted
backwards and forwards between the disability system and the aged-care system.
As a result, some people die prematurely. They do not get the type of treatment
that they should have.[32]
4.33
The Department went on to explain that someone in their forties with
advanced dementia, for example, may receive an Extended Aged Care at Home (EACH)
dementia package or may be admitted to a residential facility. The Department
also assured the committee that they are aware of the difficulties that people
with premature ageing experience navigating the interface between the
disability and aged care systems:
We acknowledge that it is a complex system. The feedback you
have received to your inquiry is consistent with what people have said to the
Productivity Commission and elsewhere. This is a complex and difficult system
to navigate at times. We have significant effort under way to actually improve
the way people get information around how they are assessed, how they are
referred. We also did a big round of consultations with people around the
country prior to Christmas in terms of the work we are doing on one-stop-shops.
It is also consistent with the feedback that has been provided in those
sessions. People are comfortable that the initiatives we have under way are the
ones they think are needed.[33]
4.34
Numerous submitters suggested that assessment of need should be based on
new criteria. The Victorian disability services organisation Scope suggested:
[Scope] would call for criteria that are based on functional
changes for that individual but also on the perceptions of that individual and
the people who care for that individual in terms of how they are ageing and
what impact ageing is having on them. So there should be a
combination—functional criteria and criteria based on perceptions.[34]
4.35
Others solutions included identifying this group of people as a unique
group who are likely to need aged care services at an earlier age, such as age
of 50 or 55 (Mai-Wel suggested that for people with Down syndrome, a more
appropriate age would be 40).[35]
This would prove an appropriate way of setting the aged care threshold or
interface for people with disability, making sure appropriate services are accessible
to them when they have the need. Professor Christine Bigby suggested that, from
an administrative point of view, this was relatively easy to do if you do it on
a fee-for-service basis that allows the disability system to purchase into the aged-care
system when it is absolutely necessary.[36]
For these disability groups the policy frameworks should provide additional
flexibility to enable providers to categorise people according to need rather
than age.
Committee view
4.36
This evidence suggests that there are problems associated with using chronological
age to determine eligibility for access to specialist aged services. This has
significant implications for people with physical and intellectual
disabilities. The committee notes that Aboriginal and Torres Strait Islanders
have been identified as a category of people who age more quickly than other
members of the population. It therefore considers that there would be benefit
in also identifying people with disabilities as a group who age earlier.
Recommendation 3
The committee recommends that the government look to
identify people with disabilities as a special group who may age earlier than
other members of the population and should therefore have access to a range of
aged care services at an earlier age.
Recommendation 4
The committee recommends that the Department of Health and Ageing
review the assessment tools used by the network of Aged Care Assessment Teams
(ACAT) to take into account the needs of people with a disability who are
ageing prematurely.
Establishing planning cultures
4.37
Planning is a complex and multifaceted task that requires knowledge and
expertise. It requires a comprehensive understanding of the disability service
sector, funding arrangements and housing and support options. Above all,
individuals involved in planning need to know where the relevant information is
available and how this information can be accessed. Planning is also a
consultative process and involves discussion with the person with a disability
and other significant people. Numerous other witnesses referred to planning as
a long process that develops over time. Family Advocacy suggested that
'Planning is not a one off event—it occurs slowly over time'. Moreover, that
while it is never too late to plan, 'everyone's quality of life is enhanced the
earlier they are helped to develop a vision and put plans in place to realise
that vision'.[37]
It is also imperative that planning cultures are predicated on understanding
the distinction between life-long planning and service planning.
4.38
There are also aspects of planning that require an understanding of
legal and financial planning. Carers Victoria referred to the challenges that
carers face trying to understand legal and financial issues:
For financial planning you need to understand families need
to know about rules in estate planning, about distributing your property and
your assets and how you might record future wishes within those. You need an
understanding of formal guardianship and financial administration, what they
offer, what the weaknesses are. You need to know about the pros and cons of
various forms of trust arrangements for your son or daughter. You need an understanding
of the operation and implications of Centrelink's income and assets test and gifting
rule. You need the opportunity for family discussion about roles in succession
plans, family plans, support networks in the future for the person with a
disability and you need to develop and share with significant others emergency
care plans, what happens when you are ill; when you are carted off to hospital,
how the care of your son or daughter can be maintained.[38]
4.39
While service provision is critical to planning, and services contribute
to the wellbeing of the individual, Professor Christine Bigby spoke to the committee
of differentiating between life planning and service planning. In so doing she
reemphasised the distinction between caring for and caring about:
The sense is, I think, that we need to think about what we
are planning for, and I think it is useful to think about planning to care
about a person and planning to care for a person. You can replace some of the
roles that parents have done by planning to have other people to be involved in
somebody’s life—other people who care about them, who are committed to them,
who are not part of the service system, who can act in an advocacy role, who
can negotiate with services and who can negotiate flexibly for change as a
person's situation changes. Where somebody lives and the type of support they
get will change over time and cannot be locked in at one point in time, so
planning has to be flexible, and the way to achieve that is to have people
involved your life.
There are issues, too, around preparing for that separation,
helping people to develop skills, to develop independence, so that they can
easily separate from their parents while still maintaining, clearly, a
relationship with them and other family members. The planning has to think
about preparation for that separation as well as where somebody might live in
the future.[39]
4.40
Pave the Way reinforced the importance of planning outside the service
context through drawing on the distinction between family and external services:
Pave the Way strongly believes that planning in the context
of parents or other important family members aging is vastly different from
service planning. This is planning for a safe, secure and meaningful life in
which services may or may not play a role. This is planning that families must
drive and control. This is 'whole-of-life' planning and is in the realm of family
business, not service business.
Direct support services can play a role in assisting
individuals to achieve some goals, for example, those concerning home, work,
recreation, communication and education, but are unlikely to play a role in
many other aspects of the individual's life, such as personal security,
financial security, decision-making, relationships and friendships, health,
spirituality and developing individual passions. Even where services do play a
role, they are unlikely to be the only factor in assisting an individual to
achieve a particular goal. For example, supporting a young person with
disability to live in their own home might involve a mix of paid support,
unpaid support and financial contributions by the individual and/or their
family. Services can assist people to have a good life; they do not constitute
a life.
All services do some sort of planning with the people they
support, such as 'individual education plans', or 'individual program plans',
or 'family support plans', but that service planning is limited to what the
service can do within its purview as a service provider. Service planning is
very different from the whole-of-life planning relevant to planning for the
future.[40]
4.41
Numerous submitters to the inquiry have offered suggestions as to how
whole-of-life planning may be done. These have included:
-
The development of wills and estate plans to define how property
and assets should be distributed;
-
Appointing Powers of Attorney and Guardianship or developing an
Advanced Care Directive;
-
Considering the establishment of trusts such as a Discretionary
Trust or a Special Disability Trust;
-
The development of emergency care plans in case of sudden parent illness
or death and sharing these with the person with a disability and other key
people;
-
The development of succession plans or arrangements for medical, financial
and lifestyle representation. This will ensure that a trusted person can
oversee the ongoing care and support needs of the person with a disability, and
advocate for housing and support services consistent with family wishes. Such
plans will also be interpreted to the person with a disability;
-
Creative use of respite and recreation programs to explore and
practice eventual separation;
-
Transition planning to housing and support outside the family
home will also be required. To this the committee would add the importance of
assistance with transition planning to assist families manage different life
stages.[41]
4.42
In the following chapter the committee will offer an overview of the
major impediments or barriers to planning before then examining some mechanisms
for formal succession planning. It will examine the way that the involvement of
significant people in the life of a person with a disability, who have ongoing
responsibility in supporting and assisting them, can be an important mechanism
for families whose sons and daughters no longer live in the family home. In so
doing, the committee stresses that that there is a need for a cultural change acknowledging
that it is the responsibility of the community—not just the family—to provide support
for people with disabilities. Or to restate a comment provided by Ms Melissa
Young, Perth Home Care Services: '...this is not a disability issue, an ageing
issue or a carers' issue. This is a personal and community issue for us all'.[42]
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