Our team have developed a range of fact sheets to help provide you with basic information around common issues that are faced by people with intellectual disability. They are designed to help you better understand some of the specific elements related to each topic and to allow you to better understand your rights and have more informed discussions. If you find you have additional questions and would like to know more we encourage you to call IDRS and start a conversation with one of our team.
Note: the information provided on our fact sheets is copyright and is a guide only. It is not intended to be used to give legal advice and no responsibility is accepted in that regard. You should seek legal advice about your own particular circumstances. This guide may not be reproduced or distributed without the permission of IDRS.Financial Arrangements – Making Changes
With some exceptions, the law protects each person’s right to make their own financial arrangements, without other people being involved.
These exceptions may include:
- parents acting for their children who are under 18
- people using a bank account in joint names
- a Centrelink Payment Nominee using another person’s Disability Support Pension for the benefit of that pensioner
- an Attorney acting under a Power of Attorney
- a Financial Manager acting under a Financial Management Order
- a Trustee using trust funds to help a Trust Beneficiary
It is important for a person with disability to get legal advice before they change their financial arrangements. Any other person involved should get separate legal advice.
If a person with intellectual disability has fines they can’t pay, or they are accumulating fines for behaviour attributable to their disability (e.g. forgetting to take their monthly train pass), or there are grounds to appeal a fine (e.g. a good explanation), there are practical things that they can do.
Did you know that not everyone has to make a will? In fact, many people choose not to make a will. The decision is a personal and private one. Some people with intellectual disability can make a will. At the time the will is made the will maker must:
- understand that a will deals with their property after they die;
- know in general terms what property they own;
- know the people who may have a claim on their property; and
- be able to consider and weigh the claims of the people who may have a claim.