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Enduring Power of Attorney


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#1 Sugarplum Poobah

Posted 18 May 2020 - 02:20 PM

Disclaimer -- I'm not seeking legal advice here (I have a lawyer for that) but I'm interested in your thoughts.

If you have made an enduring POA then did you make it immediately enactable or only for when you cease to have legal capacity?

And why did you make the choice you did?

I'm weighing up the pros and cons at the moment...

ETA: I'm in Victoria

Edited by Sugarplum Poobah, 18 May 2020 - 02:41 PM.


#2 born.a.girl

Posted 18 May 2020 - 02:25 PM

It might be worth mentioning which state, they can be a little different.

It's also worth remembering that we don't lose legal capacity overnight.  My mother had profound short term memory loss for a year or two before moving into aged care, yet she signed new POA only a year before she died (long story) and a will six weeks before she died (another long story).

#3 Sugarplum Poobah

Posted 18 May 2020 - 02:41 PM

View Postborn.a.girl, on 18 May 2020 - 02:25 PM, said:

It might be worth mentioning which state, they can be a little different.

It's also worth remembering that we don't lose legal capacity overnight.  My mother had profound short term memory loss for a year or two before moving into aged care, yet she signed new POA only a year before she died (long story) and a will six weeks before she died (another long story).

Victoria, I've amended the OP.

#4 YodaTheWrinkledOne

Posted 18 May 2020 - 02:53 PM

View PostSugarplum Poobah, on 18 May 2020 - 02:20 PM, said:

Disclaimer -- I'm not seeking legal advice here (I have a lawyer for that) but I'm interested in your thoughts.

If you have made an enduring POA then did you make it immediately enactable or only for when you cease to have legal capacity?

And why did you make the choice you did?

I'm weighing up the pros and cons at the moment...

ETA: I'm in Victoria

My mum has made it for when she has lost capacity to make decisions for herself or is permanently unable to communicate. I think it needs to be agreed by 2 or 3 doctors before it kicks in. Qld. I'd have to pull out my copy to check....

#5 zogee

Posted 18 May 2020 - 03:59 PM

I have one and it takes effect now and also is valid if I lose capacity. the other option was to go to the State Administrative Tribunal to have it ruled upon. If you trust the attorney (which I hope you do!) then I’d make it as simple as possible for them to use. I’m in WA though so that might be relevant :)

Edited by zogee, 18 May 2020 - 04:00 PM.





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