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Legal Tip 7: Get an Enduring Power of Attorney done

Discussion in 'Legal Issues' started by Terry_w, 25th Jun, 2015.

  1. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    If you were to suddenly lose mental capacity what would happen to your bills, who could operate your bank account? Possibly no body if you have not made a valid enduring power of attorney appointment.

    Having an attorney can save your family from disputes (spouses and parents and children often fight over who will get control), it can save you and your family tax, and it can make things go smoothly.

    Check with a solicitor in the State in which you live. In NSW there are 2 types, a normal attorney appointment which does not survive incapacity and an enduring power of attorney which does.
     
    larrylarry likes this.
  2. Vixs

    Vixs Member

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    Terry what rights if any do spouses have to make medical and financial decisions on the behalf of their partner if no PoA is in place?
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    I am not sure Vixs. Where there is urgency with medical treatment the next of kin would generally be asked for consent. This may usually be the spouse.

    Where the treatment is not life threatening then i am not sure what would happen. It would be up to the treater as to whether to take the risk of proceeding.

    Where there is no consent it may be a criminal offence such as battery and there could be litigation.

    Also there are often disputes between new spouses, parents and or children.