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Please Read Eldernet's Disclaimer and Terms & Conditions Carefully Before Using This Site  |
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Legal Notice Please Read Eldernet's Disclaimer and Terms & Conditions Carefully Before Using This Site Many service providers and a small number of other agreed parties enter and update their own information about their service. Eldernet is therefore a vehicle for their information and is not responsible for their content. These persons have been advised that by entering data onto the Eldernet site Eldernet Ltd understand that they agree to comply with relevant New Zealand standards, ethics and legislation eg Fair Trading Act 1986 and Privacy Act 1993 etc. Eldernet Ltd make a conscientious effort to ensure that the information on this site is accurate and up to date, however we, or our agents, cannot accept liability for any omissions, errors or action taken on the basis of information contained on the site. The material on this site is intended for general information purposes only. It is not intended to replace information given to you by a health or other professional. Eldernet Ltd encourage you at all times, when seeking specific advice, to consult a professional in that field. Eldernet also contains a large number of links to third party sites that in the opinion of Eldernet may provide information of interest to our users. However such information cannot be guaranteed to be accurate or up to date. We have very limited knowledge about the content of these sites, cannot give you any assurances about their information and take no responsibility for it. We ask you to exercise your judgment. |
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| 3. |
What are peoples rights when receiving a health or disability service?  |
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THE CODE OF HEALTH AND DISABLITY SERVICES CONSUMER’S RIGHTS- Respect
- Fair Treatment
- Dignity and Independence
- Proper Standards
- Communication
- Information
- It is your decision
- Support
- Teaching and Research
- Complaints
You should always be treated with respect. This includes respect for your culture, values and beliefs, as well as your personal privacy. No one should discriminate against you, pressure you into something you do not want or take advantage of you in any way. Services should support you to live a dignified independent life. You have the right to be treated with care and skill, and to receive services that reflect your needs. All those involved in your care should work together for you. You have the right to be listened to and understood, and receive information in whatever way that you need. When it is necessary and practicable, an interpreter should be available. You have the right to have your condition explained and be told what your choices are. This includes how long you may have to wait, an estimate of any costs, who will be involved and likely benefits and side effects. You can ask questions to help you be fully informed. It is up to you to decide. You can say no or change your mind at any time. You have the right to have someone with you to give you support in most circumstances. All these rights also apply when you are taking part in teaching and research. It is OK to complain – your complaints help improve service. It must be easy for you to make a complaint, and should not have any effect on the way you are treated. This is an out line of the rights guaranteed by the law know as the ‘Health and Disability Services Consumers’ Code of Rights.’ They apply to all health and disability services, whether you pay for them or not. A full copy of the Code of Rights is available from your service provider. Local independent advocacy services are available and the Health and Disability Commissioner can be reached toll free on 0800 112233 |
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| 4. |
I value my independence and I want to maintain this for as long as possible. How can I do this?  |
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Research has shown that by ‘having a successful, healthy and active life before and after reaching old age’ one can enhance the chances of retaining independence. ‘Financial resources, an active mind, good relationships with family and friends, fitness and health and good self esteem are all associated with being able to stay living independently. Even when serious disability or illness occurs, these personal resources and social capital increase choices and enhance the likelihood that an individual can access services, be supported informally and stay living independently.’ (Ministry of Social Policy Factors Affecting the Ability of Older People to Live Independently – A Report for the International Year of Older Persons New Zealand 2000 pg 58). This Report clearly identified the importance of older people having control of their lives and affairs. We have incorporated these thoughts and identified the following major factors that are important in maintaining independence: - Physical well being
- Mental, emotional, spiritual and social well-being
- Staying safe
- Finances/income
- Housing
- Access to services
The following sections of ‘Frequently Asked Questions’ address these in more detail. |
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| 5. |
What are some ideas for keeping physically active?  |
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Exercise needn’t be a burden. Many activities that you do each day as part of your routine may in fact be exercise. A good day in the garden will let anyone know that they have been exercising but even more gentle daily activities such as taking a brisk walk or playing with the grandchildren are sufficient to maintain a good state of fitness. Many local authorities run exercise programmes for older people which include activities such as gym, exercise groups, swimming and pool jogging, yoga, bowls, walking groups, Tai Chi etc. The general rules are ‘Stay Active’ and ‘Use it or loose it’. Start exercising slowly and build up to a level you can sustain. A regular exercise routine that totals 30 minutes per day brings real health benefits. The benefits of exercise include; improvement in mobility, improvement in mood, lowering of blood pressure, reducing risk factors associated with heart disease, maintenance of bone strength etc. See your Doctor if you experience any unexplained pain or shortness of breath during activity or if you are unsure what amount of exercise you require. |
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| 6. |
What are some of the special health issues older people face or need to be aware of?  |
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Circulation Our Circulation tends to become a little more sluggish as we age. This is another good reason to remain active. Activity assists circulation. Take good care of your extremities where it is harder for the blood to circulate. It is important also to keep your skin in good condition. Do not ignore abrasions or wounds. Make sure that you get them attended to as soon as possible. If you are diabetic this is even more important. Dry your skin well. Seek the assistance of a podiatrist if your feet or nails need attention. Wear sensible, warm e.g. woollen and protective clothing when indicated (when it is cold, when gardening, walking through bush etc). Keep warm too during winter. Health professionals recommend that you keep the temperature of the rooms you live in at 20 degrees Celsius. It is never too late to give up smoking. Smoking adversely effects circulation. Incontinence and ‘water works’ problems There can be a number of different causes of bladder or bowel problems. These may include infections, constipation, medication etc. Consult your doctor if you experience problems. Symptoms of incontinence include; - Difficulty getting to the toilet in time
- ‘Leaking’ when straining, coughing, sneezing, laughing, exercising etc
- Being fearful of going out if you don’t know where the toilets are ie being afraid of not ‘making it’ in time.
- Having to get up to go to the toilet several times at night.
Incontinence can be treated or well managed. Women especially (but also men) can benefit from pelvic floor exercises. These exercises strengthen the muscles that control urination. You can do these by clenching your buttocks and ‘pulling up’ between your legs and holding that sensation for several seconds. A way of checking you technique is to start urinating and then stop midstream. These are the muscles you need to be exercising. Repeat these exercises whenever you think about them and at least 10 to 20 times daily to benefit. It is tempting to reduce fluid intake in an effort to reduce the frequency of toilet stops. It doesn’t work that way. You need to drink about 8 – 12 cups of fluid per day. Avoid making ‘just in case‘ calls to the toilet. This actually trains your bladder to be lazy. Retrain it with the previous exercises and make it work harder. Many people find this very successful. In a number of centres, nurses specialising in continence management will be able to give advice. It is preferable to have your GP refer you to these services, as in many instances s/he can provide important medical background, however you can self refer. Products may also be purchased from some of these services. If you need to buy pads it is often cheaper to buy the specialised adult variety that are more appropriately styled and absorbent than sanitary pads. These are not generally available at the supermarket. If you don’t have specialist nurses in your area see the Practice Nurses at your local surgery who will also be able to advise or help. Prostate trouble A common condition affecting men is prostate trouble. Symptoms include; - difficulty beginning to urinate,
- stopping and starting,
- dribbling,
- wanting to urinate frequently (especially during the night),
- feeling of not completely emptying the bladder etc.
It is important to speak to your doctor about this problem. Whilst it is likely to be benign this condition may be malignant or may become malignant. Medication Always take pills as prescribed. Never exchange pills with other people . There can be problems if you stop some pills suddenly. Some pills need to be reduced gradually. Finish courses of antibiotics (unfinished courses can affect the resistance of the organism in the future making the antibiotic less effective or ineffective). Contact your doctor immediately if you are having problems or side effects from medication. Consider using a weekly pill dispenser box. Your health adviser or chemist can help you set this up. Find out more about what you are taking and why. This way you will feel more in control of your health. Don’t expect pills from the doctor each time you visit. There are often other treatments or advice. Any medications that are no longer needed should be discarded. Check the expiry dates on your medication especially if you use medication spasmodically eg inhalers Can’t Sleep/Insomnia Many older people complain of not being able to have good nights sleep. See your doctor if this is a problem for you. It may help to know that as we get older we generally require less sleep. Sometimes insomnia can be a symptom of other conditions e.g. depression. There are a number of things you can do to ensure a better nights sleep. - Make sure that you have a warm bed but if you use an electric blanket do not sleep with it on. (Remember to have your electric blanket checked each year.) Wheat bags that are warmed in the microwave work well for some people (do not over heat these and make sure you follow the manufacturers safety instructions).
- More exercise corresponds with more sleep. Dozing through the day can result in less sleep at night.
- Have a warm milk drink before retiring. Avoid coffee and tea, as these are stimulants.
- Set the right sort of atmosphere before going to bed. Relax, do something quiet, read etc.
- Put your worries to bed too. Tuck them up symbolically in your mind (allowing yourself to untuck them in the morning). Sometimes it helps to make a list of the things that need attention. That way your mind doesn’t need to spend all night taking care of them.
- Have things handy at the bedside that you might require e.g. torch, radio, bedside lamp, magazine, shawl, rug, telephone.
Diet and Healthy Eating . Older people do not need as many calories as younger people but you do need good a nutritious diet with lots of fluid. It should also be low in salt, sugar and fat. As with all age groups you require a balance of fresh fruit and vegetables, cereal and protein. To ensure that you have a good daily diet you should choose; high fibre foods, five or more servings of fruit/vegetables and several servings of milk products. It is often difficult to get enthusiastic over meals when you are on your own. For many people much of the enjoyment of eating is sharing with others. Find a friend or neighbour to occasionally share a meal with. If your budget and location permit, eating out occasionally can give you new opportunities to meet people e.g. at the food court area of your local mall. Nowadays nutritious meals can be prepared more easily. Instant foods and smaller portions of meat and vegetables are readily available in the supermarkets. Read the labels to check the contents. Select those that display the healthy heart tick. In many areas a ‘Meals on Wheels’ service operates. This service delivers meals to the door. Meals may be either hot or frozen. In the smaller centres local Rest Homes may provide this service. Make sure that you maintain good oral hygiene, see your dentist regularly and ensure that your dentures fit properly if you have them. Health Checks By having frequent health checks one is in a better position of picking up conditions that require treatment early on. Consider the following checks: - Hearing Checks. Hearing loss is often gradual and may go unnoticed by the sufferer for some time. Contact the Hearing Association or the Deaf Association of New Zealand for more information.
- Eyesight Checks. It is recommended that your eyes are tested and examined about every two years. Contact your Optician for more information.
- Cervical screening. The guideline is; yearly tests until 69 and thereafter as recommended by your doctor.
- Breast Screening. Cancer treatment is more effective if it is discovered early on. Women over 50 are advised to have mammograms every two years. Free screening is available for those 50-64. Women with a family history of breast cancer require closer monitoring.
- Prostate Checks. See your doctor for advice on the desired frequency of testing.
See your doctor - If you are unwell
- For an annual check up
- 3 monthly for pill checks
- For an annual flu vaccination.
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| 7. |
What can I do to keep my mind active?  |
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Mental fitness Remaining mentally fit is as important as physical fitness and often the two go hand in hand. Physical exercise has a mental health benefit. We can also exercise our mental health. ‘Use it or loose it’ still applies. There are a number of ways that the mind can be exercised eg; - Keep up with events and news.
- Remain in contact with old friends and seek to make new ones.
- Expose yourself to new things eg try a card game you have never tried before, go somewhere you haven’t been before.
- Stretch your thinking by enrolling in continuing education classes or University of the 3rd Age.
- Learn new skills.
- Join up with SeniorNet (http://www.seniornet.org.nz). SeniorNet is a rapidly growing group where the focus is teaching and learning computer skills. This is done in a peer tutoring environment and means that you don’t have ‘some young thing’ whizzing you through a course that leaves you feeling breathless and discouraged. You will be with others who understand your trepidation. Many older people are finding computers liberating and empowering eg email helps you keep in touch with your family and friends. Remember, the people of your generation invented computers! If you feel confident with computers you might like to offer some of your expertise to SeniorNet.
- Keep doing your crosswords and puzzles.
- Look for new solutions to problems and avoid the old ones that don’t work anymore and just make you angry.
- Become an advocate for positive changes eg join a lobby group such as Grey Power (http://www.greypower.co.nz). You may not make a difference on your own but join with others and much more can be achieved.
- Maintain an enquiring mind. Sometimes asking the right question is more useful than finding the answer.
- Record your life history. It’s great for the memory as well as for the genealogists who follow behind you.
If you or someone close to you is experiencing memory loss talk to your doctor. Dementia is not the only cause of memory loss and some conditions are treatable. Alzheimer’s Disease and Related Disorders Society will also give you information and advice (http://www.alzheimers.co.nz). Depression is an often-unrecognised condition of older people. Again, see your Doctor in the first instance. Sometimes medication may be prescribed. Don’t be afraid to contact a counsellor if you need some support. Age Concern ( http://www.ageconcern.org.nz ) Citizens Advice Bureau (http://www.cab.org.nz) or your GP can direct you. |
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| 8. |
I get lonely at times. How can I remain involved my community when it’s not so easy these days?  |
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Social and emotional well being Loneliness and social isolation (as distinct from living alone) can become problems, as we get older. This may be due to a number of factors e.g. loss of someone close, loss of mobility etc. You can have some control over some of your responses e.g. join clubs, maintain a wide circle of friends etc. Other factors however, are beyond the control of the individual and spill over into the areas of social policy, housing, transport and poverty. (We address some of these issues in other sections.) Since childhood, western society (NB: Other ethnic groups construct their societies differently and therefore face different issues.) has instilled in us the value of independence. Whilst there is value in developing self sufficiency there has perhaps been an over emphasis on independence at the expense of interdependence. Interdependency stresses the value of relationships. Building relationships builds healthy communities. It is important that people feel that they can participate in their community. Having a sense of belonging and participation in the wider community is crucial for self-esteem and emotional well-being. There are a number of ways that older people can participate in society. Thoughts and suggestions include: - Talk with your neighbours. Take an interest in what is going on in the area. Join a neighbourhood group. It is sometimes difficult maintaining a balance between neighbourliness and the need for your own privacy. Set the boundaries early on.
- Don't be afaid to ask for support. In many areas the St John Caring Caller service (0800 780780) can arrange for someone to ring you each day to have a chat and check that all is well. Services such as Citizens Advice Bureaux http://www.cab.org.nz can direct you to other appropriate agencies and groups.
- Try volunteering. A good volunteer programme will give you training, ongoing support and value you as one of the team. Volunteering is hugely important in economic terms to the country, not to mention social terms. You will be doing the country a favour! Take care however that you don’t get overloaded. You can even volunteer from your own home. Programmes such as the St John Caring Caller allow you to be involved in the community from the comfort of your own home. For more information see: http://www.stjohn.org.nz or phone 0800 780780 When you leave any volunteer position it is not your responsibility to find a replacement.
- Try to maintain a flexible attitude. Research shows that this is an important attribute in remaining independent.
- Explore ways of building bridges between yourself and the young. Young people have very different things to contend with than you did. Support the youth to find their own solutions to today’s problems.
- Planning is important for a sense of achievement. It is easy to let routine slip by putting something off today that can be done tomorrow. If you put some routine back in your day you may feel more ‘in control’.
- Break down the stereotypes. Sometimes the things we stop doing are because we think it doesn’t ‘fit’ our age group. Many older people are prepared to push the boundaries these days. Just look at the number of people who participate in the Masters Games and other similar events.
- Some people are finding fulfilment in continuing in paid work. (This does not belie the fact that some also need to continue in paid work for economic reasons.) Employment rates for people aged 65 and over have risen from 6% in 1981 to 11.4% in 2001 (Statistics New Zealand) . This percentage could very well increase.
- Balance rest, leisure and activity. Take time to keep up with reading, going to movies with friends, attending clubs, going to concerts etc. If transport is a problem you may be able to link in with others by car pooling, sharing taxi/van costs etc.
- Contact your local rest home. Sometimes you can join in with their activities, outings and special events.
- You might like to consider getting a pet if you don’t have one. There has been considerable research into the link between loneliness and the keeping of a pet. It has been suggested that having a pet helps meet some psychological needs. Pets can be a great way of introduction to new people.
- Feeling supported is also an important aspect of emotional well-being. We often turn to our families in the first instance and when they don’t or can’t help and then we feel let down. There are a number of reasons why families don’t seem to be so supportive these days. Societal pressures on families, their geographical distance and the changing nature of what in fact constitutes a family are just some of the factors that combine to make it more difficult for families to support one another these days. Despite this, national figures show that a third of adult New Zealanders do provide support to older people. Other people such as those friends who give you confidence in you own ability, listen to your concerns and encourage you are important in helping you feel supported.
- Not seeing family and friends as frequently as you would like can be disappointing. Try to make the contact you do have with them as positive as possible. People are more likely to repeat positive experiences.
- Many older people are taking an active role in grand parenting. The changing nature of paid work does however impact on all family members. New patterns seem to be emerging that show that many grandparents are now looking after their grandchildren whilst the parents work. This doesn’t mean that grand parents are prepared to be ‘used’ whenever requested. Many older people want to, and need to, maintain a life of their own. Responsibilities and rights of older people can therefore become a bit of a ‘juggling act’.
- Research has also shown that having a positive attitude increases your ability to remain independent. That is of course easier said than done. It is also a very complex issue as a number of factors impact on this e.g. your own personality, circumstances, societal perceptions etc. Certainly if you can foster as positive an attitude as possible, this will work in your favour.
- Many seniors groups that represent older people are also working hard to ensure that images of older people are positive. The way others perceive older people impacts greatly on how older people feel about themselves. If you have the inclination, these groups would value your support.
Spiritually Connectedness with a greater power is very important for many people. This may be in the form of a quiet, contemplative, self expression, or more formalised such as belonging to a church group. Some studies suggest that there are stages of faith where faith is seen as ever changing and growing. For some people the later years of life can be a time of questioning for others it may be experiencing a more encompassing view of faith. Whatever your experience is, it may be helpful to view this as part of the journey of life. |
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| 10. |
I have found that it is harder to recover from accidents as I age. How can I reduce hazards around the home?  |
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Outside - Ensure that path surfaces and gradients are safe.
- Steps are easier to negotiate when walking than a ramp.
- Indicate or mark changes in levels.
- Is it easy to get the mail?
- If you drive, keep the access to the garage clear so that you have as clear a view as possible.
Inside - Ensure that smoke detectors work. Check them bi-annually when ‘daylight saving’ begins and ends.
- Store a ‘Life Tube’ in fridge. These store information about your health status and are easily found by paramedics if they are called. (Ask Age Concern about these).
- Make sure that heaters are safely placed
- Ensure that curtains and drapes are not near the stove, fire, heater, etc
- Set the hot water cylinder so that the temperature at the tap is 50-55C.
- Make sure that extension cords are safely run and that they are not warm to the touch
- Keep the jug cord clear of the stove elements.
- Take your electric blanket to an electrician each year to be checked.
- Don’t overload power points
- Get a fire extinguisher and know how to use it (not too heavy for you to use).
- Keep floor surface clear of mats, or put down the non-slip variety.
- Make sure that there is easy access through doorways.
- Plan escape routes from various points of the house.
- Lighting should be bright.
- Consider use of timers on lights and radio (also for safety and security reasons).
- Keep a night-light or torch at the bedside.
- Ensure that your medication is safely stored and in a form you can manage e.g. made up into daily /weekly pack (the chemist can arrange).
- Plan for easy access to a phone/s you can comfortably use, e.g. with large numbers, a portable phone carried in a pouch or several phones strategically placed around the house.
- You may want to think about getting a 'Medical Alarm'. There are various sytems that are available. Check the set up costs, ongoing monitoring costs/plans. Those who are eligible may qualify for assistance with costs under the 'Disability Allowance'. (see Question 18)
- Make sure that furniture, chairs and bed is easy to get in and out of.
- Maintain appliances in good condition.
- Shift items in the cupboard so that you can easily reach them
- Get aids in bathroom eg toilet rails, non-slip mats, chairs, raised toilet seat etc if you need them. Contact the Assessment Service to see if you qualify for assistance and avail yourself of their expertise and recommendations as to what best suits your need.
- Ensure that there is clear access to toilet, bath, shower etc.
- Use a walking aid if recommended.
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| 11. |
Being older and living alone has made me more security conscious. What are some good security measures?  |
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Despite the alarming stories we see in the news ‘home invasion’ is rare and older people are less likely than other age groups to be the victims of such offences. Never the less many older people still feel vulnerable especially if they live alone. Burglary however, is another issue. More commonly burglaries are opportunistic and occur through the day when people are at home, perhaps when out gardening. It therefore pays to be diligent with home security. The following are ideas for improving security: - Keep garden plantings low to ensure hiding places are minimised.
- Plant prickly plants under windows e.g. roses
- If drainpipes run close to widows grow a rose up those or wind with something prickly.
- Install sensor lighting.
- Consider installing a burglar alarm, some can be linked to fire alarms.
- Check the internal access. Ensure these doors have strong locks.
- If a door opens outwards ensure that it has been secured so that it can’t be lifted off the hinges.
- Leave some inside lights on when you go out.
- Make sure valuable items can’t be seen from outside
- Close curtains at night
- Put away outside equipment that burglars could use (such as ladders etc). ·
- Don’t leave keys in hiding places. Every one knows about the key under the mat or pot plant.
- Install screens on doors and windows.
- Fit deadlocks (mortice type) to wooden doors
- Get a locksmith to access the situation if you have aluminium doors (s/he should give free advice).
- Fit locks to windows
- Don’t open the door to strangers and don’t tell them you are alone. Ask them to come back when it is more convenient. ie maybe arrange to have someone else there.
- Install a wide-angle door viewer. You will then know if it’s a stranger or not. If the caller wants help, offer to phone for assistance or direct them elsewhere. Do not open the door whilst you phone.
- Put men’s boots by the door. (Dust them occasionally)
- Install outside security lights.
- If you feel at risk (more particularly of falls or health problems where you might need to summon help) wear an emergency pager.
- Seek your neighbours assistance.g. ask them to keep an eye on your place when you are away, mow lawns, park their car up your drive, collect mail.
- Know the sounds and faces of your neighbourhood.
- Join the Neighbourhood watch scheme. You can look out for others as well.
- Keep an Emergency List by the phone. Make sure the print is bold and includes the main number for all major emergencies at the top i.e. 111 (you can forget it in an emergency), your doctors number and family member or friend who can be easily contacted, include any others. (Ask the family member or friend to keep a list of those who you would like contacted in the case of an emergency)
- Arrange a code with a trusted neighbour so that they can see that you are up and about each day, eg open a curtain or window.
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| 12. |
I’m thinking of shifting. My family says the house is too big. What sort of things do I need to think about before doing this?  |
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90% of older people live in private homes, the majority of these being owner occupied. 2.8% live in Retirement Villages. The remainder live in residential care or in other living arrangements. When thinking about housing, the issues of suitability and choice are important factors to consider. Does your current housing meet your needs or do you need to make some changes? Suitability What suits one person doesn’t necessarily suit another. To determine suitability the following aspects should be considered: location (family, amenities, church etc), emotional attachment, size, access to transport, maintenance, layout of the house and property, access, safety features, warmth, ongoing costs (rates, insurance) etc. A helpful guideline is to consider each of the above (and any others that you think of), weigh up the positive and negative aspects and then analyse the outcome. If the negatives outweigh the positives you may want to re-evaluate your situation. Many people find that their own home provides the optimal housing option. Others discover that maybe a change needs to be considered. It is preferable to make any change whilst you are still able to adapt to your new community. Choice As mentioned before, part of being independent lies with the ability to make choices. For some people, particularly those on lower incomes there are fewer choices. If you need to make some alterations or require aids in your home, to accommodate any disability you have, it is important to make contact with an Assessment and Service Coordination service. You may be eligible for some assistance and support. One of the choices some people have, is the option to move into a retirement village. Retirement complexes do offer the companionship of those of a similar age and in some instances a range of care and support. These complexes generally have a big profile and their marketing is extensive. If you are considering a move to a retirement complex it is advisable to seek comprehensive, independent legal advice. The ways in which legal titles are held (ownership) vary between villages and they can be complex and confusing. For further information see the question 'What is involved in purchasing a unit in a Retirement Village?' Residential Care For information about residential Care see the section “Frequently Asked Questions” (Residential Care – Map Page) |
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| 13. |
Can I get help if I live with other people such as my husband or son or daughter etc?  |
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Yes. The government has a very clear policy of supporting people to remain in their own homes, or with their families, for as long as possible. This is because most of us want to do this anyway, and it is generally cheaper (especially if you don’t need intensive care). It stands to reason that if things are to succeed at home, a well thought out plan of what is required and how it might be achieved needs to be put in place. Any plan should identify and acknowledge the support that your family provides. Basic support services (eg home help, personal care, day care etc) are available in most areas. The government may fund or part fund some of these services. You may be required to pay for some of these services yourself. Much of the success of home support services relies on the informal support provided by the community, especially family members. It is important that family members also get some support for themselves. If this doesn’t happen the situation can become very stressful for everyone and the caregiver is likely to ‘burnout’. Factors involved in caregiver burnout include; - The high level of assistance that the person requires.
- The inability to leave the person on their own.
- Sleep disturbance.
- High level of stress verses satisfaction.
- The lack of respite. (not getting a ‘break’)
Carers New Zealand is a national charitable trust to help carers of all ages. Their web site contains extensive information http://www.carers.org.nz |
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| 14. |
I think my mother needs to have more help at home but refuses it? I am concerned. What can I do?  |
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Talking with older people about such issues can be difficult. Some older people are fearful about becoming dependant on others and may therefore deny what really is going on and in some instances become angry and defensive. They may also blame themselves for their circumstances or feel that you are trying to take control of their life. Helpful tips about talking these issues through include; - Making time to talk about it when you are both feeling ok.
- Encouraging the person to speak about their fears.
- Listening carefully and not minimising what they are saying.
- Expressing your concerns.
- Being honest about what you can and can’t do to assist them.
- Talking through all the options together.
- Encouraging the person to make an independent decision if possible.
If you are not making any progress, you are still concerned and you are the caregiver/supporter, tell the person that you would like an independent opinion eg the Assessment Service or General Practitioner (GP). Go ahead and make this contact. You are the person seeking help for yourself. People who are competent to make their own decisions are able to decide how they want to live. Care must be taken therefore to not make judgments about others living conditions. If there are public health issues however, you should refer the situation to the GP or Health Department. Carers New Zealand is a national charitable trust to help carers of all ages. Their web site contains extensive information http://www.carers.net.nz |
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| 15. |
I believe that some home suppport services are free. Is this so?  |
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Some home support services may be free to the client. There may be a part charge or you may have to pay for your services yourself. It depends on your situation. Funding agencies such as the Accident Compensation Corporation (ACC) and the District Health Board (DHB) have an assessment process that considers eligibility. If you want to access any DHB subsidised service your needs must be assessed by someone from their contracted assessment agency. (See also 'What is Needs Assessment and Service Co-ordination?') Eligibility criteria including financial also apply. Generally those who hold a Community Services Card will be eligible for subsidised services. There may however be services such as personal assistance (help with showering, bathing, etc) carer support etc that non-cardholders can access. For full information talk to someone from your local NASC team. See also the section 'What financial assistance may be available?' You may contact a NASC agency yourself or go through your GP. There is no cost for an assessment. If you go through your GP you will need to pay the usual GP charge. One thing that it is helpful to remember is; that if the person getting subsidised home support services would like more hours/services than have been allocated, it is possible to purchase additional hours/services. The additional hours/services do not have to be purchased from the same agency. ' |
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| 16. |
What is Needs Assessment and Service Co--ordination?  |
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Needs assessment A needs assessment looks broadly at your health, wellbeing and support needs and basically asks the question ‘What do you need so that things can be improved for you?’ This type of assessment is broad based and encompasses not only your physical but social, emotional and spiritual needs. The assessment is usually undertaken by one person and it should be done in consultation with other health professionals such as your doctor and others involved in your healthcare. It can be conducted in your home or in hospital if you are an inpatient. During the assessment you will be asked questions about what you can/can’t do and those things you are having difficulty with. The assessment process also requires the assessor to talk with you about what you think you need, and with your consent, your significant others. During the process if you don’t feel that your real concerns and issues are being addressed, say so. You will be given a copy of the assessment. On this document reference may be made to the level of assistance that might be required. You will need to undergo an assessment if you want to access any District Health Board subsidised services. If you are found to be eligible for support services these may not all be free as other (funding) criteria also apply. A general guideline is that Personal Care assistance is available free of charge to all who have been assessed and are eligible. Those who hold a Community Services card are likely to meet the funding criteria for both Home Support Services and Personal Care. For further information contact your local service coordinator or Work and Income who can advise about other possible funding assistance if this is required. See also: What financial assistance may be available? Service co-ordination Service co-ordination is the process of putting solutions into place that will meet the identified/assessed support needs. With your permission the information resulting from the assessment is used by the service co-ordinator to help with the co-ordination of services. All options are explored and you will be asked what you think the best solutions might be. In many instances the solutions will include putting home support services in place or increasing or varying those already being received. It may be however that your social needs or other needs have a higher priority. Let the co-ordinator know what is important to you. It needs to be noted that occasionally the services or support that you need may not exist or be immediately available. If you do not feel able to advocate for these yourself or have someone who will advocate for you, you may wish to contact the free Advocacy Service. The roles of needs assessment and service co-ordination are often known by the abbreviation NASC. NASC teams are located in every DHB region. You may contact them yourself or a referral may be made for you by your doctor.
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| 17. |
Where is my nearest Needs Assessment Service Co-ordination (NASC) or Care Co-ordination agency?  |
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The below are the contact details for teams who are responsible for identifying your needs (needs assessment) and co-ordinating services, should these be a recommendation of the assessment. The teams are often called NASC (needs assessment & service co-ordination)
Organisation Name | Address 1 | Address 2 | City | Phone | Fax Number | Email | Senior Line (all DHB areas) Information Service for Older People
| Room 29, Ground Floor, Building 17, Greenlane Clinical Centre
| Private Bag 92 189,
| Auckland Mail Centre 1142
| (03) 375 4395 or 0800 725 463
| (09) 638 0358
| seniorline@adhb.govt.nz
| Northland Health of Older People Services
| Private Bag 9742 | Hospital Road | Whangarei | (09) 430 4131 or 0800 88 88 90 | (09) 430 4128 | | Hauora Hokianga (Northland)
| Hokianga Health Hospital
| Private Bag
| Kaikohe
| (09) 405 7330
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| Waitemata NASC | Private Bag 93503 | 124 Shakespeare Rd Takapuna | Takapuna, Auckland | (09) 442 7171 | (09) 486 8997 | | Auckland (Single Point of Entry for Older People)
| Private Bag 92 024
| Greenlane Clinical Centre
| Auckland 1604
| (09) 631 1234
| (09) 638 0358
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| Counties Manukau Health of Older People Services | Level 1, AT&R, Middlemore Hospital
| Hospital Rd, Otahuhu
| Auckland | (09) 276 0040 | (09) 276 0041 | | | Referral Co-ordination Centre (for all referrals) | Private Bag 3200 | c/o Waikato Hospital | Hamilton | (07) 839 8943 | (07) 839 8817 | | Disability Support Link (Hamilton) | PO Box 9201 | Level 2, BDO Spicers Building, Cnr Rostevor & Harwood Streets | Hamilton | (07) 8391441 | (07) 839 1225 | | Support Net Kupenga Hao Ite Ora (Tauranga) | PO Box 2121 | 510 Cameron Rd | Tauranga | (07) 5710093 | (07) 5710277 | Support Net Kupenga Hao Ite Ora (Whakatane) | PO Box 241 | Stewart St
| Whakatane | (06 ) 3060986 | (06) 3060987 |
| Support Net Kupenga Hao Ite Ora (Rotorua)
| PO Box 1858 | 1143 Haupapa St | Rotorua | (07) 3494213 or 0800 262 477
| (07) 3493555 | | Access Ability Limited (New Plymouth)
| PO Box 115 | Level 1 Kings Building, 36 Devon Street West | New Plymouth | (06) 758 0700 | (06 ) 758 5201 | | NASC Tairawhiti District Health (Gisborne) | Private Bag 7001 | Gisborne Hospital , 421 Ormond Road | Gisborne | (06) 869 0570 ext 8625 | (06) 869 0531 | | Options Hawke's Bay (Hastings)
| PO Box 9014 | 1st Floor, cnr McLeod Street & Omahu Road | Hastings | (06) 870 7485or 0800 339 449
| (06) 870 7481or
| | Access Ability Limited (Wanganui) | 244 Victoria Avenue | 244 Victoria Avenue | Wanganui | (06) 348 8411 0800 300 412 | (06) 348 0166 | | SupportLinks (Palmerston North) | PO Box 188 | 69 Malden Street
| Palmerston North | (06) 353 5899 0800 221 411
| (06) 353 5874 | | Focus (Masterton) | PO Box 96 | Te Ore Ore Road | Masterton | (06) 946 9813 | (06) 946 9826 | | Capital & Coast Care Coordination Centre (Wellington) | PO Box 50 544 | 10 Wi Neera Drive | Porirua City Wellington | (04 ) 238 2020 0800 282 200 | (04 ) 238 2022 0800 282 202 | | Hutt Valley Service Coordination Centre (Upper & Lower Hutt)
| PO Box 30 658 | Pilmuir House, Pilmuir Street | Lower Hutt | (04) 566 2226 or 0800 662 225 | (04) 566 2227 or 0800 329 662
| | Support Works Nelson Marlborough | 1 Harley Street | 1 Harley Street | Nelson | (03) 546 3980 or 0800 244 300
| (03) 546 3983 or 0800 244 900
| | | Support Works Blenheim Marlborough | 22 Scott St | 22 Scott St | | (03) 579 2187 or 0800 244 300 | (03) 578 3098 or 0800 244 900 | support.works@nmdhb.govt.nz
| Carelink WCDHB NASC (Greymouth)
| PO Box 387
| Top Floor, 163 Mackay St
| Greymouth
| (03) 768 1303 ext 3
| (03) 768 1309
| robyn.mclachlan@westcoastdhb.org.nz
| Older Persons Health (Christchurch) | PO Box 800 | Princess Margaret Hospital, Cashmere Rd
| Christchurch | (03 ) 337 7765 | (03 ) 337 7720 |
| Older Persons Health (Ashburton)
| Ashburton Hospital
| Elizabeth St
| Ashburton
| (03) 307 8495
| (03) 307 8460
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| South Canterbury NASC (Timaru)
| P.O. Box 222 | 16-18 Latter Street | Timaru | (03) 687 7120 | (03) 684 8819 | | Waitaki District Health Service (Oamaru) | Private Bag 50059 | Oamaru Hospital Steward Street | Oamaru | (03) 433 0290 ext 9061 | (03) 433 0273 | | NASC for Older People (Dunedin) | Private Bag 1921 | Fraser Building Dunedin Hospital | Dunedin | (03 ) 470 9111 | (03 ) 474 7026
| | Central Otago Health Services | PO Box 30 | Hospital Street | Clyde | (03) 440 4302 | (03) 440 4312 | | Clutha Health First | PO Box 46 | Clutha Health First | Balclutha | (03) 419 0520 | (03) 419 0521 | | Older Persons Health SDHB | PO Box 828 | Southland Hospital | Invercargill | (03) 214 5725 or 0800 223 225
| (03) 214 7237 |
| Gore Health Ltd | PO Box 274 | Gore Hospital, 9 Birch Lane | Gore | (03) 209 3030 | (03) 208 0194 | |
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| Updated 30-04-2010
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| 18. |
I’m having trouble with my home help person. She’s not doing a good job!  |
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This can be quite hard to cope with as you may feel you should just take what’s given. This isn’t so, and the problem can be addressed. The things that you need to do to sort your situation out depend on what the problem is and how serious it is. In many instances it could be as simple you having an honest talk to the worker or for the agency to change the worker to someone more suited to you and your needs. The following scenarios are quite typical: Senario 1 – Helping the helper You are not used to having people come into your home to help you. You may also feel a little embarrassed about this, so you tidy things up before your home help person arrives. This can lead to the roles between yourself and the home help person becoming a bit muddled. Consequently the real situation is masked and the worker really doesn’t know what to do.
Moving towards a solution : - Remind yourself that you have either been assessed as requiring assistance or you have chosen to engage someone to help you. It’s ok to have help.
- Resist the urge to help the worker out ie don’t do the housework before they come.
Senario 2 – Time wasting It is fairly natural that you may want to be polite and offer hospitality. Sometimes sitting down for a ‘cuppa’ can go beyond a quick ‘cuppa’ and become an excuse for the worker to do nothing. Also, if you are lonely, you may initially enjoy having someone to talk to but realise later that the work isn’t being done. You feel ‘taken advantage of’. Moving towards a solution : - Unless a cuppa etc has been pre-arranged then this is not expected. This person is there to do paid work.
- The manager should have set out the tasks with you so that you know what jobs will be done.
Senario 3 – Doing a poor job Another problem people complain about pertains to the way in which jobs are done. Moving towards a solution - If something is particularly important to you, you might want to specify this, eg explaining how you want the vacuuming done.
Ideas for addressing the problem include: - Don’t allow the situation to go on as this just leads to you feeling more powerless.
- Go back to your initial contract or agreement. In a clear way tell the person you think that things have got away from the original plan and that you would like to start over again. Clarify things that need sorting out.
- If this is not successful or possible (eg if you are afraid of the person) speak to the case manager and tell them your difficulty.
- Ask the manager how they will deal with the problem, what they expect the outcome to be and how long they think it will take. Ask what will happen if it is not resolved.
- Contact your Service Coordinator if things have not been resolved with the above suggestions. This person will discuss options with you, help you address the issue if required or refer this to other appropriate authorities.
- Funding authorities need to know when services they have contracted are not meeting the standards required. Funding authorities include the District Health Board, ACC etc
- You may contact the office of The Health and Disability Commissioner particularly if you believe your rights have been infringed.
- The New Zealand Home Health Association has an interest in industry standards. They will have processes in place if a complaint is made about one of their members.
- Consumer Advocacy Services are available to all users of health and disability services. The service is free and confidential. Click here for further information.
- If you feel your privacy has been breached you may wish to contact the Privacy Commissioner
Very occasionally serious misconduct eg theft, abuse etc occurs. Report this to the person in authority and/or the police immediately |
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| 19. |
What financial assistance may be available?  |
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Please note this section is intended as a guide only. It is not definitive. Eldernet does not accept any responsibility for people taking action based on this information alone. Please therefore ensure that you seek the appropriate advice from the agency concerned or your financial advisor. WORK & INCOME The Work and Income web site contains comprehensive information about government assistance that may be available from this department. Please note: eligibility criteria apply. The website is divided into different sections to make it easier to find your way around. Continue to follow the links in these sections to gain more comprehensive information. The more comprehensive information is found in the sections 'Manuals and proceedures'. Main benefits include: New Zealand Superannuation for those over 65 years of age Widows Benefit for women whose husband or partner has died. Domestic Purposes includes those over 16 years of age caring for someone living at home (other than their partner) who would otherwise require hospital care, in some cases an older woman living alone Unsupported Childs Benefit may be available for grandparents caring for grandchildren. (See also the useful brochure ‘Help for Kinship Carers’ You will be asked if you want to open or save the file). War and Veterans Pensions If you have ‘served’ you may be entitled to a War or Veterans pension or other special benefits. Details about benefits that may be available for those experiencing financial hardship include: Special Needs Grant urgent one-off payment. Temporary Additional Support - short term only – replaces Special Benefit (grand parenting applies to those previously receiving a Special Benefit) See also Recoverable Assistance Payment Advance Payment to help pay for the things you need (you have to pay it back) Other assistance includes: Accommodation Supplement Community Services Card This card can help you with the cost of health care. Disability Allowance It must be shown that the disability is likely to last at least six weeks and you need to be able to demonstrate that the costs incurred are regular and ongoing. Other eligibility criteria also apply. There are examples on the site of what type of costs may be claimed. Special Disability Allowance This payment is designed to help cover the extra costs for those whose partner is in residential care. Funeral Grant This grant is not intended to cover the full cost of a funeral. House Modification Grant - Please note the District Health Board pays this grant. Work & Income administer the Income & Asset test Living Alone Payment There is information here that covers complex situations such as living in a Retirement Village or residential care setting Residential Care Subsidy (see also the Eldernet section on Residential Care Frequent Questions) Please note this subsidy is paid by the District Health Board. Work & Income administer the Income & Asset test If you can not find the information you are looking for you may find Extra Help useful. DISTRICT HEALTH BOARD (DHB) DHB’S are contracted by the government to provide home-based services If you have had an assessment you may be eligible for free or subsidised services. Subsidised services are provided by one of the DHB contracted agencies in your region. Services may also be purchased privately. In the past, services have been offered more on a ‘prescribed’ basis i.e. the agency tells you what they can provide and you decide what is going to be most helpful. There is now a move away from this approach to services that are more responsive to individual needs. Having said this, consistently the same sorts of need arise such as: - help to get in or out of bed
- housework
- personal care (showering/bathing/toileting etc.)
- meals or preparation of meals
- shopping
- short breaks
- day activity options
- continence advice and support
- district nursing services e.g. medication, wound care etc.
- Falls Prevention programmes (in some areas only & criteria may apply)
- night sleep over (in some instances)
It may be that what you want most, is to make sure someone exercises your dog! If you can be clear about what you need to enable you to live as independently as possible then it is hoped that the service can be flexible enough to accommodate this or will refer you elsewhere if it cannot. For specific information about your region contact your local agency (see HERE) HOUSING NEW ZEALAND Housing New Zealand offers a ‘Suitable Homes’ advisory service. Eligibility criteria apply. Please note the service does not pay for the modifications but they can point you in the right direction. See also the section - Ministry of Health – Disability Funding. ACCIDENT COMPENSATION CORPORATION (ACC) For details about funding pertaining to accident related situations see the ACC website. The ACC Covered web site incudes specific information about the type of assistance that may be available, funding, aids etc. ACC also has an accident prevention role. The web site includes sections such as: Falls Prevention Home Safety The Modified Tai Chi Programme The page also includes a link to a list of regional providers. MINISTRY OF HEALTH - DISABILITY FUNDING The Enable New Zealand Disability Funding Info web site provides comprehensive information about : Specialised equipment Housing modifications Vehicle purchase, vehicle modifications and driving assessments THE DEPARTMENT OF INTERNAL AFFAIRS From 1st July 2006 the rates rebate threshold was increased. This means that many more people will now be eligible. To find out more about the scheme and to determine your eligibility see the Internal Affairs website www.dia.govt.nz or click HERE . Section updated 26-11-08 |
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| 20. |
It’s the end of the year and tax time again. What do I need to do?  |
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This article, supplied by Inland Revenue, will help you prepare for the end of the tax year. Well, we have some good news for you. Many people who receive NZ Super don’t have to do anything at all! However, if you earn income over and above your NZ Super, you may have to request a personal tax summary or file an IR 3 tax return. This article gives you an overview of how it all works. We can’t cover every possible situation, so please go to www.ird.govt.nz if you’d like more information. You’ll find a plain English explanation of everything you need to know under “Individuals & families/Income tax”. No return required If you receive NZ Super only, or NZ Super and any combination of the following types of income, you probably won’t need to file a tax return at the end of the year: - Salary or wages
- Interest and dividends from New Zealand
- A social security pension from overseas, if it’s paid directly to Work and Income.
This type of income has tax deducted before you receive it. Because you pay the tax throughout the year, you don’t need to file a return at the end of the year. But if you’ve been taxed at the wrong rate, we may send you a personal tax summary, or you may need to request one. The personal tax summary (PTS) We’ll send you a PTS if we think you need to “square up” your tax at the end of the year. There are a number of reasons a square up may be necessary. Here are some examples: - We calculate that you owe tax (you may have been on an incorrect tax code)
- You received working for families tax credits during the year
- You have a student loan.
If any of these situations apply, you can expect to receive a PTS by mid-July. If we don’t send you a PTS, you may have to request one in August. When you receive your PTS, check that the details are accurate and follow the instructions printed on the form. If your share of interest income from all sources is over $200, and is taxed at a rate lower than your income tax rate for the year, you may be required to request a PTS. The IR 3 tax return You need to file an IR 3 return if you received any of the following types of income: - rental income
- business income
- self-employed income
- income from overseas
- income from a partnership, estate, or trust
- income from schedular payments (formerly withholding payments)
- other income that hasn’t had the full amount of tax deducted during the year.
Please go to our website to see the full list. We'll send you an IR3 return by late May or early June if we think you need to file one. If you don’t receive your return in the mail, please ask us to send you one, or you can file online. IR 3 returns are due by 7 July, unless you have a tax agent with an extension of time arrangement. Tax refunds – a tip If you want to check to see if you’re entitled to a tax refund, go to www.ird.govt.nz and use our Personal tax summary calculation for 2008 service. It’s under “Work it out/Income tax”. You may need a “summary of earnings”. You can request one under “Get it done online”. Not sure if you need to file? You may find our special calculator helpful. Go to www.ird.govt.nz and follow the links: “Work it out/Income tax/Do you need to file an IR3 return or receive a personal tax summary for 2008?” Due date for income tax If you owe end-of-year tax for the 2008 year, and you have the standard 31 March balance date, the tax must be paid to us by 7 February 2009. Or 7 April 2009 if you have a tax agent. Tax credit for charitable gifts (formerly donations rebate) You can claim a tax credit if you gifted $5 or more to an approved charitable organisation during the year, and you have a receipt to support your claim. Your tax credit is 33 1/3% of the total gifts made. For last year (the year ended 31 March 2008) there is a maximum claim of $630. The maximum claim takes effect once your donations amount to $1890 or more. Tax credit for housekeeper You can claim a tax credit if you have receipts to show that you paid for a housekeeper because you (or your partner) were disabled or physically unable to do housework. Your tax credit is 33% of the total payments you made. There is a maximum claim of $310, which takes effect when your payments amount to $940 or more. A change in the law The rules relating to donations and housekeepers have changed. From this tax year (the year ending 31 March 2009), you can still claim a tax credit, but the maximums have been removed. Your total claim for either tax credit must be less than or equal to your taxable income. Claiming your tax credits You need to send us a completed Rebate claim form (IR 526) after 31 March. Please attach your receipts. Any questions about tax credits? If you need more information, please go to www.ird.govt.nz and look under “Individuals & families/Income tax/What to do at the end of the tax year (31 March)”. Don’t worry! Tax can be complicated, and most people need assistance from time to time. Please call us (toll free) on 0800 227 774 if you have any questions or concerns. We’ll be happy to help you.
Date: 18-12-08
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| 22. |
I hear quite a bit about elder abuse. Can you tell me more about it?  |
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This is a sensitive subject, given that people find it very difficult admitting that maybe everything is not well behind closed doors. By the time abuse begins happening it is easy to convince yourself that this is just ‘normal family dynamics’. A good test of this reasoning is that; if a stranger were to be treated this way would you think it was ok? An abusive situation generally develops slowly and the dynamics are complex. By the time it becomes more obvious the person being abused can even begin defending the abuser. Psychological factors such as blaming the older person for the situation can make the older person feel responsible for what is happening to them eg “It’s my fault. I’m so slow these days, no wonder they yell at me.” The victims of abuse are usually more frail and dependant on others. Research has shown that the most likely perpetrators of the abuse are family members especially daughter/daughter in law or son. Any one can perpetrate abuse and this includes partners, friends, home help personnel and residential care workers. The types of abuse include: Physical Abuse Physical abuse involves the wilful infliction of injury or pain and includes actions such as burning, slapping, hitting, bruising, squeezing, restraining, inappropriate use of or the withholding of medication etc. Sexual Abuse Sexual abuse involves unwanted sexual contact. Threats or force may be involved. Financial Abuse Financial abuse is the inappropriate, illegal or improper exploitation of the funds of the older person. This may be without the victims consent or if it is, it may be under duress. Examples include demanding the pin number of bank accounts etc. Emotional/Psychological Abuse Emotional/ Psychological abuse involves the infliction of mental or emotional anguish or fear. It may involve, humiliation, intimidation, threats or removal of decision-making powers. Neglect Neglect is the failure to provide the basic necessities of life e.g. adequate meals, heating, clothing etc. Active neglect is the conscious deprivation of the basic necessities. Passive neglect often results from a caregivers refusal or failure to provide those necessities because of their own lack of information or refusal to follow the directions of health professionals etc Caregiving can be stressful and stress is one of the factors that are most commonly seen in abusive situations. Other factors that increase the likelihood of abuse include; - Dependency of the older person.
- History of family violence.
- Social isolation of both caregiver and older person.
- Lack of self-esteem of both caregiver and older person.
- Mental health issues and psychosocial problems.
- Abuse of alcohol and drugs.
- Inadequate caregiveing skills
- Financial problems
- Overcrowded living situations
Factors that keep people tied into abusive relationships include: - feelings such as fear of the abusers wrath, shame, guilt etc
- previous promises made e.g. ‘I will leave you the house if you look after me.”
- financial dependency
- lack of knowledge about their options
Abusive situations are damaging to all parties. You do not have to ‘put up with it’. The places from where you can get assistance include: - Age Concern. Their Elder Abuse and Neglect Prevention Services provide awareness and education prevention about elder abuse and neglect, alongside co-ordinating responses to cases of abuse and/or neglect of older people. Their website http://www.ageconcern.org.nz has extensive information about the subject. It has a large section on preventative strategies.
- Your Doctor or Practice Nurse
- A Social Worker
- Citizens Advice Bureaux www.cab.org.nz
- Solicitors
- Public Trust
- Community Law Centres
- The Police
- Ethnic support groups
- Ministers of religion
- Health Support Groups eg Parkinson Society etc
- Department of Work and Income http://www.workandincome.govt.nz/
- Auckland Sexual Abuse Help www.asah.org.nz (for those in the Auckland region)
The reporting of Elder Abuse is not mandatory. This means that the person to whom the information is disclosed (ie told to) does not have to report it to relevant authorities. If this person is a professional, or is acting in a professional way, they should discuss various options with the person concerned and encourage them to take more control of their life. Appropriate support should also be found. Non-mandatory reporting, which is a complex and often debated subject, presents workers/professionals with difficult ethical issues. It needs to understood that if other people, including children, are at risk then those who know about the situation have an ethical obligation to ensure their safety. A person acting in a responsible way will make sure that this is done. A report Beyond Zero Tolerance: Key issues and future directions for family violence work in New Zealand published in August 2005 by the Families Commission www.familiescommission.govt.nz gives further information. For information relating to Elder Abuse see pages 58-64 |
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| 23. |
I’m thinking of moving to a Retirement Village. What are the merits? What things do I need to think about?  |
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Most of us are familiar with the high profile Retirement/Lifestyle Village complexes located around the country. They may have associated onsite residential care services or they may be of the variety that includes multiple resources such as a golf course and/or swimming pool, shops, restaurants and other services; to the extent that they seem like a small town. Not all villages however are like this. Many are quite small. In fact the range of Retirement/Lifestyle Villages is almost as varied as the lifestyles represented in this target population. The definition of a Retirement Village (See The Retirement Villages Act 2003 [The Act]) is broader than you may think. Key points: - it includes small facilities i.e. two or more units and
- for the purpose of accommodation with services and or facilities and
- predominantly for those who are retired and
- where people agree to pay a capital sum or other payments as defined in The Act (see above) to live there
With such a range of possibilities there could be a Retirement or Lifestyle Village to suit you. Residents enjoy village life The Retirement Villages Survey 2006 undertaken by the Retirement Commission showed a large percentage of residents were very happy with their experience of retirement village life. Retirement/Lifestyle Villages appeal to people for a number of reasons. A village can offer you a number of benefits, such as: - an improved social life with a new network of friends
- access to planned activities and community resources
- increased peace of mind (some villages offer with internal call bells and on site security)
- difficult jobs like lawn mowing and exterior painting/maintenance are usually taken care of
- access to prime locations (depending on their situation e.g. beachside, adjacent to golf course, riverside, hill ridge etc.)
- proximity to town centers or services (depending on their situation)
- reassurance for your family and friends (knowing that someone else is nearby to assist you if the need arises)
Taking the first step When you ‘buy into’ a retirement/lifestyle village you pay a lump sum or capital amount. Thereafter ongoing fees apply. Before you take the first step however you need to seek independent legal advice as the issues pertaining to this sector are complex. The Retirement Villages Act 2003 is designed to make things clearer so that you are better informed both before you make your decision and during your occupancy. Each village differs from the next; there are a variety of legal titles, some will offer a full range of accommodation types and services and others less. Each has its own set of ‘rules’ which can cover things like pet ownership through to defining whether you can access community support services (funded or otherwise). The Act is designed to fully disclose these and other aspects of moving into a village. With the introduction of The Act all villages are now required to: - be registered
- have a statutory supervisor (an appointed independent person to help protect residents interests)
- provide intending residents with a copy of: the residents code of rights, the village code practice, the disclosure statement and an occupation right agreement (ORA)
- provide a process for communicating with and involving village residents
- provide a process for handling complaints and disputes
The Act also requires that you, as an intending resident: get an independent lawyer to explain the ORA and its implications before signing the agreement.
Financial considerations The financial implications of a move into a village are considerable. Villages will charge a monthly fee to cover the services and the care and maintenance of the grounds and buildings in the village. These service fees will vary from site to site, so check what the fee covers in the village you are considering. Remember to consider things like: - Can you cover the monthly fees?
- Who is responsible for paying the utility fees, rates etc?
- If you change your mind and decide a village isn’t for you, will you have enough money to purchase back in the community?
- If your needs change and you require residential care are there services on site or will you have to move to another premises?
- What are the implications of your ORA – will you share in any capital gain?
- What is the cost for refurbishment when you leave your unit?
- How will your unit be re-sold?
- Who is responsible for selling the unit?
- If your unit doesn’t sell quickly what are the financial implications?
There is ‘cooling down’ provision in The Act of 15 days. Keep this knowledge in the back of your mind when you sign. It’s another protection for you. For more information see: Register of Retirement Villages (New Zealand Companies Office) All Retirement Villages are required to be registered with the New Zealand Companies Office and must file an annual return. The Companies website allows you to search the Register for any retirement village and obtain details about directors and share parcels. There is also a section for Retirement Village operators. The website includes links to the following: Sorted “Sorted is New Zealand’s free independent money guide, run by the Retirement Commission . It’s full of calculators and information to help you manage your personal finances throughout life .” It also includes sections on ‘Retirement’ , ‘60’s Plus Lifestage’ and ‘Retirement Villages’. The website has a lot of helpful information for intending Retirement Village residents. Retirement Village topics include: Articles such as those about Alice and Jack and Peggy and Ted are useful. Alice and Jack’s situation shows that in some instances being unable to ‘realise capital gain’ on the sale of a unit can have major implications while Peggy and Ted discover the cost of village living . The Department of Building and Housing The Department of Building and Housing is responsible for implementing The Act. The website therefore gives information for both residents/intending residents and operators. Sections include: The Retirement Commission “The Retirement Commission is an autonomous crown entity that helps New Zealanders prepare financially for their retirement.” This website will help you learn more about your rights and retirement village operator’s obligations. Check this site if you need more information about complaints and disputes. A retirement income research section is included on this website. Subjects include: income, housing, demographics, living standards etc The Retirement Villages Association “The Retirement Villages Association [RVA] is a voluntary membership association for operators of retirement villages in New Zealand and individuals / commercial organisations that work in the retirement villages sector. The RVA is a national body that works to represent, protect and promote the interests of its members and their associated services." There is a membership Code of Practice. The website includes: Updated. 09-02-09 |
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| 24. |
What is involved in purchasing a unit in a Retirement Village?  |
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An occupation right agreement is any written agreement that gives a person the right to occupy a unit in a retirement village and that sets out the relevant terms and conditions. The occupation right agreement must be clear and unambiguous. It may consist of more than one document. The occupation right agreement must comply and be consistent with the provisions of the Retirement Villages Act,(‘the Act’) the regulations and the Code of Practice (although the village may be exempted from any provision of the Code of Practice). The agreement must also provide information on the Code of Residents' Rights and the Code of Practice. Operators must register their standard form of occupation right agreement with the Registrar of Retirement Villages. The terms of a resident's particular agreement must be either the same as those in the registered form or more favourable they can't be less favourable. Schedule 3 of the Act and the Retirement Villages (General) Regulations set out what must be covered in the occupation right agreement, and Part 2 of the Act covers the process for entering into an agreement. The Code of Practice (in force on 2 October 2008) specifies minimum requirements for most of these areas, which must be included in occupation agreements if not, they'll apply anyway. What issues does the agreement have to deal with? The village and its operations The occupation right agreement must cover: - the management of the village
- the village's services and facilities
- the nature of the resident's right to occupy the unit, and the resident's and operator's respective rights to deal with the unit
- the charges relating to the village and to the use of its services and facilities
- the operator's obligation to run the village properly
- the resident's rights to be given key financial documents and other relevant information that they ask for
- staffing
- residents' safety and personal security
- fire protection and emergency management
- the transfer of residents within the village
- meetings of residents with the operator
- accounts
- maintenance and upgrading
- termination of the agreement by a resident or the operator
- communication to those for whom English is a second language or whose ability to communicate is limited
- a complaints facility and a disputes procedure.
Consultation with residents The agreement must also require the operator to consult with residents: - before a village is sold or disposed of
- before a new manager is appointed
- about any proposed changes to the services or benefits provided or to charges that could affect residents' ability to pay for them.
Treatment of residents In addition, the agreement must require the operator and the people who work at the village and provide services to: - treat the residents with courtesy
- respect their rights, and
- not exploit them.
Where the village or unit hasn't been built If the village or unit is not yet completed when the agreement is signed, the agreement must state the unit's proposed completion date. The disclosure statement given to the intending resident before they signed the agreement must also give information about the state of the village, including its stage of completion. Getting independent legal advice before the agreement is signed Intending residents must get independent legal advice before they sign an occupation right agreement. This means advice from a lawyer who is completely independent of the retirement village operator. The lawyer must explain to the intending resident the general effect of the agreement and its implications, before the person signs it. This lawyer must do this in a way that's appropriate to the person's age and understanding. The lawyer must then witness the person's signature and certify that they explained these things. It's not enough that a person such as a staff member from the village explains the agreement to the intending resident it must be an independent lawyer (and not a legal executive). If in some substantial way any of these requirements is not met, a resident can avoid (cancel) the agreement. Cancelling an agreement while "cooling off" or for delay A "cooling-off" period after the agreement is signed After new residents have signed an occupation right agreement, they have 15 working days in which they can change their mind and cancel the agreement. This applies to everyone who signs an occupation right agreement with a retirement village. It’s not necessary for the operator to have done anything wrong. The cancellation must be notified in writing to the operator or their agent. No particular words need be used, so long as the intention to cancel is clear. No reason has to be given. Once the agreement is cancelled, the person will get back everything they paid, plus interest, within 10 working days . However, they must pay for any services they used if they lived in the unit during this period, and for any damage they may have caused. Cancellation for delay The buyer can cancel the agreement if the unit is not, for practical purposes, completed within six months of the proposed completion date. They can do this any time after the six-month period. They must then be refunded all payments they’ve made. The buyer must notify the operator or their agent in writing that they are cancelling the agreement. They don’t have to use any particular words so long as their intention to cancel is clear. Deposits and progress payments to be independently held Every deposit, progress payment or other payment that a person makes for a right to live in a unit must be held by the village’s statutory supervisor. The supervisor holds the payment until the transaction’s settlement date (or until the agreement is cancelled during the cooling-off period). If the retirement village is exempt from appointing a statutory supervisor, a lawyer nominated by both the resident and operator must hold the money. The nomination must be in writing, in a separate document from the occupation right agreement. Avoiding (cancelling) for a breach of the agreement The Retirement Villages Act gives residents the ability to "avoid" (cancel) their occupation right agreement if it was entered into in breach of important provisions of the Act in a substantial way. This means that the agreement is cancelled and the operator must refund the purchase price and other costs to the resident. When can a resident avoid an agreement? This can be done where any of the following things has happened, if the breach was in a "substantial respect": - the village wasn’t registered when it’s required to be or its registration was suspended when the operator advertised, made an offer of occupation, or entered into the occupation right agreement with the resident.
- something was left out of the information that’s required to be in or to accompany the disclosure statement.
- the occupation right agreement did not include the required information.
- an independent lawyer did not explain the general effect of the agreement and its implications before the resident signed it, and witness and certify that they did this.
When a breach is in a "substantial respect" An agreement can only be avoided where the breach was in any "substantial respect". This is where the breach: - involves a "significant detriment" to the resident, or
- is material and not simply technical or minor, or
- involves deliberate misconduct by the operator.
How does a resident avoid an agreement? The resident must notify both the operator and the village’s statutory supervisor in writing, within the set time limits (see below). This can be done only if the agreement hasn't already been terminated. The procedures for ending an agreement because of a breach are quite different from where the agreement is ended on other grounds, and it's important that the correct procedures are followed. What are the time limits? If the village wasn't registered or if its registration was suspended, the operator and statutory supervisor must be notified: - within three years after the agreement was entered into, or
- within six months after the resident knew (or ought to have known) of the breach,
whichever period is shorter. For other breaches, the time limit is: - within one year after the agreement was entered into, or
- within six months after the resident knew (or ought to have known) of the breach,
whichever period is shorter. What happens when an agreement is avoided? The agreement is at an end and the operator must pay the resident: - a refund of all capital sums paid before or while the resident occupied their unit
- a refund of all other payments made for which services or facilities were not provided
- interest (at the rate set down in regulations)
- actual and reasonable costs associated with ending the agreement (such as legal expenses and removal costs).
What if there's a dispute about this? If the operator believes there hasn't been a breach, they can take the matter to a disputes panel by giving a "dispute notice". While the dispute is unresolved they must take all reasonable steps to put right any breach. They do not have to pay any refund. If the operator and resident don't agree when the refund is to be made, either of them can give a dispute notice to resolve this. Part 4 of the Act has more information about giving a dispute notice in these situations (particularly sections 53 and 54). This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 25. |
I've got a nice serviced apartment in a retirement village but I think I might need more support soon. Can I stay here and get the same care that I would if I moved to a rest home?  |
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Generally, Retirement Village operators have designed serviced apartments (and other similar services) so that increasing (or decreasing) ‘packages’ of support can be offered as residents’ needs change. However, rather than making assumptions about your increasing need for support (and running the risk that you over look something that might be able to be addressed/treated) it is recommended that a ‘needs assessment’ is obtained from the experts at the older persons service in your area. (See also question ‘What is Needs Assessment and Service Co-ordination’) An assessment will establish what your real needs are and whether these are able to be addressed (e.g. rehabilitation may be offered, or medical conditions treated etc.). You will then be in a better position to know exactly what is required. If it is clear that you need more support a recommendation will be made outlining the nature of this support. You may be able to purchase the necessary support from the Retirement Village. Your contract with the Retirement Village should state just what services are available for purchase and the extent of these (e.g. rest home level of care, hospital level of care etc.). It should also indicate what will happen if you run out of your own funds. In some situations parts of the Retirement Village (e.g. serviced apartments, studio units etc.) may also be ‘certified’ by the government certifying agency and ‘contracted’ to your local District Health Board (DHB) to enable residents in these rooms to access a Residential Care Subsidy (RCS) should they run out of their own funds. (This is a new type of service which we have called ‘residential care suites/units’.) Your eligibility is established firstly by your needs assessment and secondly via a financial means assessment. (See also the residential care Frequent Question ‘Will I have to pay for my care’.) One of the difficulties with understanding this new service is working out who pays for what when a subsidy is involved. The subsidy ‘bundles’ both the ‘care’ and ‘accommodation’ components into one package. Village living also has its own ongoing costs. These various components therefore need to be more clearly identified (effectively ‘unbundled’) by the facility operator to ensure that you and the DHB are not paying for the same thing. Whether you are privately paying or receiving a RCS it is likely that the Retirement Village will also assess the situation to decide whether they can in fact safely deliver the level of care to you in your apartment that you require. Updated 06-10-09 |
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| 26. |
What is an Enduring Power of Attorney and why do I need one?  |
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Firstly, you might ask “What is an Enduring Power of Attorney?” Pursuant to an Act of Parliament called ‘The Protection of Personal and Property Rights Act 1988’, every person is able to put in place types of power of attorney known as Enduring Powers of Attorney. These powers of attorney come in two forms, one for personal care and welfare and a second, for property matters. In relation to our personal care and welfare, we can only appoint one attorney at any given time, but in relation to our property matters, we can appoint two or more if so desired. The Protection of Personal and Property Rights Amendment Act 2007 came into force on 26 September 2008. One of the main changes is a new section dealing specifically with enduring powers of attorney. It covers things like the form of the power of attorney and who signs it. Significantly, it also says the person making the power of attorney must have everything clearly explained to them by an expert in this area. The signature of the ‘donor’ or person granting the enduring power of attorney must be witnessed by either a solicitor or a registered legal executive and importantly, the witness must be independent of the attorney. So, if your lawyer has ever acted for your attorney as well as you, there will be a need for you to go and be independently advised under the new rules. The new regulations require you to address such matters as whether you wish to place any restrictions on the powers of your attorney’s, whether you wish them to have to consult with any other person or persons in the exercise of their duty and whether you want your attorney to provide information to any person or persons on request. The new form also requires you to specify who you would like to be consulted if there is a question of your lacking capacity and in the property attorney you can now even empower your attorney’s to make a Will for you, with consent of the court. The distinct difference between these types of power of attorney and a ‘traditional’ or ‘general’ power of attorney is that as the word ‘Enduring’ suggests, the Enduring Power of Attorney remains in full force and power if for any reason we lose mental capacity. Any other type of power of attorney ceases to be of effect on loss of mental capacity. Your enduring power of attorney can also act as a ‘general’ power of attorney if you so wish, or it can be set up so that it only comes into force if you should lose mental capacity. If you are thinking that you’ve heard all this before, you might care to stop and think for a moment, what happens if you lose mental capacity for any reason and you do not have Enduring Powers of Attorney in place! The Protection of Personal and Property Rights Act anticipates this situation, and provision is made in the Act for an application to be made to the Family Court for someone to be appointed as either a personal welfare guardian or a property manager. However, whereas it might cost you up to $400 to $600 per person to put in place Enduring Powers of Attorney whilst you are of sound mind, if application has to be made to the Court, following your sudden or unexpected loss of mental capacity, the costs are likely to be dramatically higher and often in the range of$3,000. Why is this and how much could it cost you might ask? The simple answer is that it can cost several thousands of dollars to put in place arrangements, which could have been made for a fraction of that price with a little foresight. The reason for this is that in circumstances where an application to the court is necessary, not only do you have a solicitor representing the person making application to be appointed as welfare guardian and/or property manager, but there is also an independent solicitor appointed by the court to represent the person for whom the power of attorney is required. A percentage (usually half) of that independent solicitor’s fees are usually met from a Government consolidated fund, but the remainder must be paid out of your own funds. Before making an appointment as welfare guardian or manager, the court must be satisfied that there is a genuine loss of mental capacity and it is necessary to seek medical opinions and a report is then filed with the court by the independent solicitor. If the manager is to have the ability to deal with property in excess of $120,000 in value, this requires the consent of the court also. Sadly, the expense does not necessarily stop once an order of the court is granted, as the orders for appointment of manager and/or welfare guardian must be reviewed in the court every three years, requiring the same process to be followed once again and further costs are incurred. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 27. |
How should I own my family home?  |
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There are two common legal forms of joint ownership of property and the purpose of this article is to inform you of the differences between those forms of ownership, and to outline the reasons why you might choose one over another. The first of these is Joint Tenancy . A majority of married people or people in long term de facto relationships own their properties as joint tenants. The significant feature of this form of ownership is that on the death of the first partner, the property automatically passes to the survivor by way of a rule of law known as Survivorship . It does not matter what is in your Will or, for that matter, whether you even have a Will. Your surviving partner will take the entire property in his or her own name. The property is not administered under the Will of the person who has died. The second common form of legal ownership where two (or more) people own property together is Tenancy in common. Quite simply, this form of ownership allows for property to be owned in distinct shares. The most common form is tenancy in common in equal shares, but, by creating a tenancy in common, ownership can be in unequal shares. Significantly, the rule of survivorship does not apply and as a consequence what happens to your share of the property on your death depends entirely on what you state in your Will. You can choose to leave your share in any given property to someone other than your surviving spouse, should you so desire. Rest home subsidies As has been stated above, if property is owned as joint tenants, on the death of the first spouse, the whole property passes to the survivor. If the last surviving spouse should at some later stage require either long stay hospital care or rest home care, they will have to meet Work and Income criteria before qualifying for any assistance in the form of a subsidy. The matrimonial home is included as an asset and must be declared. If the home is included (and a surviving spouse or dependent relative is not living in it) then after the home will need to be sold to pay for rest home care. You may qualify for assistance before the sale of the home by arrangement with Work and Income but they would take a charge (similar to a mortgage) over the home. Any funds advanced for your care against the home are then repayable when the home is ultimately sold. Because of this situation, many people are today choosing tenancy in common as their preferred form of ownership. See 'What is a Life Interest Will' below for more detail on the reasons why this is so. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 28. |
How do the changes to the Property (Relationship) Act affect me?  |
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By now you will no doubt be aware of the passing of the Property (Relationships) Amendment Act 2001. What you may not have realised is that the Act introduces significant changes to the law in relation to the division of relationship property, both on separation and on the death of one of a couple. The Act applies to anyone who is married or lives in a de facto relationship. Furthermore, what constitutes a de facto relationship is defined in the Act and is stated specifically to include relationships between people of the same sex. The law came into effect on the 1st of February 2002 with the passing of the re named Property (Relationships) Act 1976, formerly the Matrimonial Property Act 1976. Since the 1st of August 2001, de facto couples have been able to enter into agreements contracting out of the provisions of the Act, thereby providing a six month ‘window of opportunity’ for couples to deal with their property issues before being subject to the provisions of the new Act. Prior to the passing of the Act there was no clearly defined legal definition of what constitutes a de facto relationship and no statutory basis existed for the division of relationship property on the breakdown of a de facto relationship. The Act defines a de facto relationship as being between two people of either sex who are over 18 years of age, living together as a couple and who are not married. Furthermore, to assist in determining whether a couple are deemed to be living together, the Act provides a check list of factors to be taken into consideration including:- - The duration of the relationship
- Whether the couple live together in one house
- Whether a sexual relationship exists
- The degree of financial dependence or interdependence
- The ownership use and acquisition of property
- The degree of mutual commitment to a shared life
- The care and support of children
- The performance of household duties
- The reputation and public aspects of the relationship
Whether a relationship is a de facto relationship in terms of the Act and the date that the relationship began is a questions of fact to be decided by the Court if necessary and it may be for example, that notwithstanding that a couple maintain separate residences, they might still be held to be in a de facto relationship for other reasons, such as the way they hold themselves out to the public as a couple, the degree of financial interdependence which exists between them or the presence of children. A marriage or de facto relationship of short duration is deemed by the Act to be one in which the partners have lived together as husband and wife, or de facto partners for less than three years. Establishing the date that a de facto relationship began could therefore have significant financial implications. It should also be noted that under the new Act, where a couple live together as de facto partners and then marry, the Court will include the time prior to the marriage in calculating the total duration of the marriage. The division of relationship property under the Act will be equal unless the marriage or de facto relationship is one of short duration or there are extraordinary circumstances which make equal sharing repugnant to justice, or there is economic disparity. Relationship property will include the family home and chattels, all property acquired after the relationship began, property acquired in contemplation of the relationship or intended for the common use or benefit of the parties. In cases where there is significant economic disparity between the parties following separation, there is provision for either a departure from the equal sharing rule or even the postponing of property sharing in order to prevent undue hardship on either spouse or partner. It is still possible to retain separate property under the Act. Common examples would include inheritances or gifts. It is important to maintain such property as being clearly separate because any degree of intermingling with other relationship property could lead to the separate property becoming relationship property. For example if you were to take an inheritance and use it to pay off or reduce a joint mortgage on the family home, or were one of the parties to inherit a house and the couple then moved into it and used it as a family home. In either of these circumstances, what was separate property could become relationship property. Significantly, the Act also affects the division of property on the death of a spouse or de facto partner. A surviving partner now has an option of whether to (a) accept an inheritance under the Will of the deceased partner or (b) Make a claim under the Act for their share of the relationship property. Any such claim must be lodged within six months of death or the date of grant of administration of the estate, whichever is the later. The Act favours the surviving partner on the face of it as it is presumed that all property of the deceased partner at the time of death is relationship property, and furthermore, that all property acquired by the estate of the deceased partner is relationship property also. Once a surviving partner elects to exercise option B and lodge a claim against the estate, every gift to that person under the Will of the deceased is revoked unless it is clearly intended from the Will that the survivor receive those gifts regardless of the outcome of any claim. Where property is transferred to a family trust during the course of a marriage or relationship and this has the effect of defeating the sharing of relationship property, the Court can order compensation be paid, either in the form of money, by property being transferred to the partner or spouse or even by an order that trust income be paid to a partner or spouse for a specified period. By now you have no doubt realised that the legislation has potentially far reaching consequences for all couples, married or de facto, on separation or on death of a partner or spouse. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 29. |
What is a Life Interest Will?  |
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If property is owned by two or more persons as tenants in common, they are free to leave their share of the property in such manner as they choose in their Will. We will look specifically at the situation of a husband and wife who together own their family home as tenants in common in equal shares. By owning your property in this manner, you are then able to leave a type of Will, known as a Life Interest Will. As you would do normally, you appoint one or more trustees (say for example your two children) to administer your estate after your death. The significant difference is that you then leave your share of the property (in this case a half share) to your trustees and instruct them in the Will that they are to allow your surviving spouse to live in the property for the remainder of his or her lifetime. Upon the ultimate death of the survivor, the share of the property then goes to the final or residuary beneficiaries (usually the children). The significance of this is that the survivor now owns in his or her own name only a one half share of the property. The other share is then recorded on the Certificate of Title as being in the name of the Trustees and to be dealt with as specified in the will. Therefore, should the survivor ever end up requiring a subsidy, in making any declaration to Work and Income about the extent of their assets, they do not need to declare ownership of the other half of the dwelling, quite simply because in law, they do not own it. They enjoy only a life interest in that half share of the property. So, although the family home might still have to be sold (or at least charged by Work and Income) to pay for your care, only the sale proceeds from the half of the property owned by you (subject to the allowable asset limits) needs to be used for your care. Because Rest Home Subsidies are also income tested, if the house were sold and the proceeds from the sale of your late spouses share invested, the income from that would also need to be used for your weekly care. Significantly though, the capital is preserved and upon the death of the survivor, it goes to the final or residuary beneficiaries (usually the surviving children of the marriage). There are anti avoidance provisions in the Social Security Act and it is important that you seek professional advice before taking any action. The Director-general of social welfare has wide powers to set aside any disposition of property which is considered to have been entered into to ensure that you qualify for a benefit that you may not otherwise have. For that reason, timing is important as is good legal advice. Gifts made within a five year period of application for a subsidy are also clawed back and there is a discretion for the Director-general to look back further if he sees fit. What is the cost of transferring your home to a tenancy in common and completing Life Interest Wills? The simple answer is somewhere between $600 to 800 plus GST if there is no mortgage involved. This is of course much cheaper than the more complicated, expensive and often time consuming option of transferring your home into a discretionary family trust. Also, depending on your ages, it may not be practical to look at transferring the home into a Trust. However, if you act early enough, the family trust option can protect the whole property whereas the life interest situation we have considered should ensure that one half of the property will be protected and preserved for your children. If because of your ages, you do not have the time to transfer your home to a Trust, this is an affordable option and can be completed within a very short time frame. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 30. |
How important is a current Will?  |
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Many people put off making a Will, almost as if perhaps to do so acknowledges ones own mortality. Let us look for a moment at what happens if you die without a Will. If you die without a properly made Will, you are said to have died ‘intestate’ and your estate will be settled according to the provisions of an act of Parliament called The Administration Act (“the Act”). So what’s the big deal you might think? Even if I don’t have a Will I’m covered! But let’s take a look at what happens under the provisions of the Act. If you die intestate your estate is divided in set proportions amongst your surviving spouse, children and/or immediate family. If you have young children, this could prove a problem, with a significant part of your estate tied up in trust until your children are ‘of age’. Almost inevitably the result is that your estate is divided in a manner other than you would have wished. In addition to that, dying intestate will invariably mean that the process of administering your estate will be more drawn out and therefore inevitably more expensive! On the other hand, if you die with a properly made Will, you have the comfort of knowing that your affairs will be administered in the manner you wished. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 31. |
What can I do in a Will?  |
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As well as dealing with your property, your Will can also be used to give directions as to your preference for burial or cremation and the type of funeral you desire. If you have young children, you should always take the opportunity to appoint a guardian to represent their interests in the event of your sudden death. Family arguments can be avoided by stating clearly which possessions you wish to go to which person. As well as leaving specific bequests of your personal belongings, many people will choose to leave monetary amounts to family or friends and in some circumstances to a charity close to their heart. If you have a child with special needs and it would be inappropriate for him or her to receive cash from your estate, it is possible to set up a Testamentary Trust in your Will, to ensure that the child’s needs are met during their lifetime and then upon their death, the remainder of the capital and interest of the Trust can be divided among other beneficiaries. Similarly, sometimes people will choose to leave their surviving spouse a life interest only in their share of a house property or other investments, so that they enjoy the use of the asset (or the income from it) during the remainder of their lifetime, but on their death, the capital is passed to the children of the relationship. If at the time of your death you are owed money by family members or the Trustees of a Family Trust formed by you during your lifetime, it is possible to forgive that debt if you wish. Similarly, in your Will you can appoint new Trustees of your Family Trust and you can nominate someone to have the power of appointment of Trustees or Beneficiaries of your Trust. As you might have gathered by now, a Will is a flexible document, which if properly structured, can relieve financial strain on your family and avoid arguments between those close to you. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 32. |
When do I need a new Will?  |
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Your Will is a document that needs to be reviewed from time to time as your circumstances change. There are however certain events which make it absolutely essential to update your Will. For example, if you marry or remarry, your Will is automatically revoked, unless of course it was made in contemplation of that marriage. Likewise, if your marriage is dissolved, your Will should be reviewed. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 33. |
How does a funeral trust work?  |
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Most people will be aware that they are entitled to have funds set aside for a pre paid funeral. What many people may not be aware of are the different options that exist and the amount that each person is allowed to set aside for their funeral. Many people choose to enter into a pre paid funeral arrangement with a funeral director of their choice. Generally speaking, this will be for a set amount sufficient to cover the costs of a funeral at today’s rates. Those funds are then invested in a funeral trust by the funeral director and if on your death there are funds left over, those funds may remain the property of the funeral director. You should seek advice before signing any such contract. What many people are not aware of is that everyone is entitled to have an amount of up to $10,000 set aside in a prepaid funeral trust. This is a declaration of trust where an amount of up to $10,000 is placed in the name of trustees, to hold the same for the express purpose of paying for your funeral. These funds may be invested in an investment of your trustee’s choice. Under new income testing rules for residential care subsidies the income from the funeral trust is counted as income available to pay for your care. At the time of your death, the funds are used to pay your funeral account and the balance forms part of your estate and is distributed according to the terms of your Will. Importantly, the beneficiaries of your estate enjoy the benefit of any funds that are left over. In determining eligibility for a Rest Home Residential Care Subsidy the amount set aside in a Funeral Trust is not included in your assets. This is for a maximum of $10,000.00 This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 34. |
What is a Trust?  |
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A Trust is an arrangement whereby a person known as the ‘Settlor’ transfers ownership of property to another person or persons, the 'Trustees’ for them to hold on behalf of third persons, the ‘Beneficiaries’. The assets are placed under the control of the Trustees for the benefit of the beneficiaries or for a specified purpose. A Trust is a separate legal entity for some purposes including income tax so that the Settlor no longer has a legal interest in the assets transferred. It has been said, “the reason a Trust is used is simple. There is no other way of safely protecting your assets”. Some of the commonly used terms are: - Settlor The Settlor is the person(s) who sets up the Trust so typically is the person who owns the property/assets, which will be transferred to the Trust. The Settlor appoints the trustees, gives those trustees certain powers and decides who will be the beneficiaries. Trustees The Trustees are the people to whom the Settlor’s property/assets are transferred. They have legal ownership of such property or assets but they can only deal with them in accordance with the powers given to them by the Settlor and they must always Act in the best interests of the beneficiaries. You can have a number of Trustees and this can be decided in consultation with us depending on the particular circumstances. From a practical point of view it may be inconvenient to send documents for the signature of Trustees who are geographically miles apart or countries apart and so this may have an impact on who is appointed as trustees. The Settlor can be and often is a Trustee also, particularly as most people want to retain a degree of control over the administration of the Trust themselves. We also recommend the appointment of an independent Trustee in some circumstances. Beneficiaries The beneficiaries are the people who can receive any benefit from the Trust property. To enable maximum flexibility most Trusts provide for “discretionary beneficiaries” who can only benefit from the Trust at the Trustees discretion. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 35. |
Why Form A Trust?  |
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There are a number of reasons why people chose to set up Trusts, whether it is for risk management and asset protection reasons or for family or other reasons. It is important that individual circumstances are considered carefully because everyone’s circumstances are different. Some of the many reasons include. Preservation of family assets - Invariably the primary reason behind every Trust is the genuine desire to preserve hard earned family assets for children and grandchildren
Family Protection - To protect assets from claims by undeserving children in certain circumstances
- To provide for the needs of dependants without giving them the right to demand money or capital
- To provide flexibility to cater for the needs of beneficiaries at various times in their lives (i.e. children and grandchildren) – a trust can last for up to 80 years
- In your Will you have certain legal obligations to next of kin and omission from a Will can give rise to claims against estates under The Family Protection Act. However, if on your death, certain assets are owned by a Trust, then they do not form part of your estate and are less likely to be subject to such claims
Matrimonial Property matters - Having property in a Trust presents a more “comfortable” option to some people than the alternative, a pre nuptial agreement
- To cater for children of a particular relationship separately. A Trust can enable you to cater for those children whilst still recognising obligations to children from other or subsequent relationships
- To ensure that the husband or wife of one of your children is not able to gain any interest in family assets upon the failure of a marriage
Taxes - To protect family assets from new laws which may introduce such taxes as capital gains tax, wealth tax, reintroduction of estate duty, succession tax and inheritance tax
- To enable flexibility in income distribution thereby enabling effective income splitting among beneficiaries 16 or over at the lower marginal tax rates
Creditor protection - To protect assets from being at risk to possible creditors and from unsecured business debts
- Protection from user pays charges
- To increase the likelihood of qualifying for certain income or asset tested benefits such as rest home subsidies, child support, student benefits etc, by removing ownership of assets and or income producing assets from yourself and putting them in the Trust
Confidentiality - Trusts, unlike companies, are not a matter of public record and do not need to be registered thereby enabling the extent of the trust assets to be kept confidential.
Flexibility - Trusts are flexible and can therefore cater for unforeseen and differing needs of beneficiaries at various times.
This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 36. |
How Does A Trust Work?  |
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Any assets, which are transferred to a Trust, must be sold at market value, otherwise the Inland Revenue Department can assess you for gift duty on the difference between the value you allocated at the time of sale and the actual market value. It is important to bear in mind that there is gift duty payable in New Zealand for gifts in excess of $27,000 in any 12-month period. The rate of duty is payable on a sliding scale commencing at 5% and increasing to 25% if the gifting goes beyond $75,000. For example, a gift of $100,000 would attract gift duty of $12,850. As an example, a matrimonial home worth $300,000 is sold to a Trust. The Trust of course does not actually have $300,000 so it borrows the money from the husband and wife (usually the Settlor’s). The debt is secured by way of an acknowledgment of debt from the Trustees to each of them for an amount of $150,000. So, the husband and wife exchange their ownership of the home for a debt of $150,000 owed to each of them by the Trustees. The house is then owned by the Trust. The objective is usually for the debt to be reduced and eventually forgiven altogether. This is usually achieved by the husband and wife gifting the sum of $27,000 in each twelve month period so that after; Year 1 – the debt is reduced to $123,000 Year 2 – the debt is reduced to $96,000 Year 3 – the debt is reduced to $69,000 Year 4 – the debt is reduced to $42,000 Year 5 – the debt is reduced to $15,000 Year 6 – the debt is nil From the above example we can see that forward planning is essential. The transfer of assets without the payment of gift duty can be a time consuming procedure. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 37. |
What are the Trustees’ Duties and Obligations?  |
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It is important that the Trustees understand what is expected of them and what are their duties and obligations. Trustees must have a thorough understanding of their duties, which include; - Managing the Trust
- Making information available to beneficiaries
- Acting personally (and not delegating)
- Investing prudently and properly
- Acting in the best interests of the beneficiaries
- Being aware and prudent in relation to tax requirements
This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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| 38. |
What does setting up a Trust cost?  |
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The typical cost for formation of the Trust, transfer of the family home to the Trust, Acknowledgment of Debt, Deed of Forgiveness of Debt, filing Gift Statements with the IRD and all other associated documentation required in year one is usually in the region of $2,300 to $2,500 inclusive of costs, disbursements and GST. It is however difficult to give an indicative cost as every situation is different and needs to be looked at on its own merits. In subsequent years there are ongoing costs for forgiveness of debt and filing of gift statements with the IRD of approximately $250 to $300 plus GST per annum. There may also be some additional costs for annual Trust maintenance. This information is provided by Brent Selwyn, Harmans Lawyers, Solicitors. February 2009. http://www.harman.co.nz |
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