Don’t Leave It Too Late,

Do an Enduring Power of Attorney Now

It may be too late for your parent or elderly friend to do an Enduring Power of Attorney when they are on the doorstep of a nursing home.

In the last few weeks I have had several people bring in their elderly relative or friend to do an Enduring Power of Attorney, due to the elderly person needing to move into a nursing home.  Some nursing home administrators make it appear as if it is a criteria before moving in, that a person have an Enduring Power of Attorney.

The problem is that often the elderly person who needs to move into a nursing home no longer has the capacity to understand the legal concepts involved in appointing a substitute decision maker.  The witness to an Enduring Power of Attorney must be certain that the elderly person fully understands the Enduring Power of Attorney before it is signed.

The consequences can be serious, if the elderly person does not have capacity to sign an Enduring Power of Attorney, then when they are unable to manage their own finances these will be taken over by the Public Trustee of Queensland, with little or no input from close family or friends.  Alternatively, family and friends can apply to be appointed by QCAT as a financial administrator, this involves a lot of paperwork, time and delay, and may not be the best result for the elderly person.

Start by seeing your solicitor to do your Enduring Power of Attorney and then insist your parents and the people close to you also take the step of protecting themselves with an Enduring Power of Attorney.

Anita Thompson