Hello Moli
Thank you for reaching out on EnableMe and we are sorry to hear of your father’s stroke and what he is experiencing. It can be challenging for both stroke survivor and family when someone is experiencing these types of changes after their stroke.
This is a challenging question. Has your father’s capacity (or ability to make decisions) been assessed, by a neuropsychologist or one of the Doctors in hospital? If not, was this discussed with him and with you prior to leaving hospital? Capacity is a legal term referring to the ability to exercise the decision-making process, and the outcome of this assessment can then direct where you and your father can go for support. In most cases it is always assumed that someone has the capacity to make decisions, but this can be more complicated when like your father, they have a business to run and complexities relating to that.
There is no one service that would provide legal and financial management for your father's business, however there are some options that may assist.
Is your father attending any therapy? If he is I would recommend he discuss this with the Social Worker or Neuropsychologist where he is receiving rehabilitation, and they will be able to help guide him. It can be helpful to involve the treating team through the acute or rehabilitation service in regard to decision making and any concerns regarding this. If your father is not receiving input from a rehabilitation team, it would be good to seek a referral to an Occupational Therapist, a Social Worker, and possibly a Neuropsychologist to assist with his cognitive changes. this can be provided through a range of services that we would be happy to discuss with you, depending on your father's location and his needs.
If your father does not have capacity he will need to someone to be appointed to help him make decisions regarding his personal, financial and lifestyle choices. He will not be able to nominate someone to do this if he cannot make decisions for himself. If he does have capacity to make decisions, he can nominate someone as an Enduring Power of Attorney. They will be able to make decisions for him if he cannot, but they will not be able to make decisions regarding the business or the affiliates. This will need to be a more formalised approach. Is there a lawyer involved with the business, if so, would it be possible to discuss this with them.
Does your father have a manager, or someone who is monitoring the business currently? Could they continue to do this whilst your father receives input from his rehabilitation team (if he has one)? We hope that someone else in the business is stepping up while he is unwell.
I would recommend seeking legal advice regarding the business, you can start by contacting your state Legal Aid service, who can then help you to find someone who can assist with the business matters. There are legal services that will specialise in Estate or business planning, so you could seek one with this specialty.
There are administrators that can be accessed for both individual and businesses, but this is only used when someone does not have capacity to make these decisions on their own, and it is in their best interest, or the business is in difficulty. We would be happy to discuss this with you in more detail via phone or email.
You might also like to look at the page on Legal and Financial Support as it provides some more detail on what else might be available for your father.
Does your father need any other supports or have any services in place? He may be eligible for the National Disability insurance scheme (NDIS). You can read more about this here.
It would be great if you could give us a call on StrokeLine Moli, so we can discuss this question in more detail, and give you some supports in your father’s local area. Give us a call on Ph 1800 787 653, we are available Monday to Friday 9am to 5pm AEDT, or email us on strokeline@strokefoundation.org.au.
Warm regards
Siobhan
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