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  1. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    Asuming no back up attorneys nominated they will have no one. No one will legally be able to operate their bank accounts, sell property etc. So one or more family members or friends may apply to a tribunal to appoint someone - either themselves, another relative or a professional company. This...
  2. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    Not as simple as that! If the attorney is incapacited then they can no longer act. This is why you should plan for this.
  3. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    The normal situation applies. The property is jointly owned and one owner cannot dispose of it by themselves. They would need to make an application to the guardianship tribunal or supreme court if a EPOA is not set up in time. Once capacity is lost it is too late.
  4. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    if they wanted to act for each other they would.
  5. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    is it a trust or appointment of an attorney or financial guardian? There is a big difference but the fiduciary duties of a trustee or attorney are similar - not to benefit themselves unless clearly authorisedby deed or court.
  6. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    They should apply to the courts for advice on this as they would be benefitting themselves and exposing themselves to litigation later. I know of one case where a guardian of children used the children's money to upgrade the house owned by the guardian - the court allowed it as the children...
  7. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    the government trustee company which can act as guardian/trustee/financial controlloer of a person and the guardianship tribunal which appoints the guarddian. Another relative/friend can apply to remove the current financial guardian and appoint another relative/friend or a profesisonal company.
  8. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    In NSW an appointment lapses if the attorney loses capacity unless it is a speccial enduring power of attorney. It needs to be explained by a solicitor and signed off. No need to register a POA unless the attorney will deal iin property - lease sell buy mortgage etc. It ccan be registered...
  9. Terry_w

    Power of attorney for brain damaged individuals with some capacity after illness

    1. Attorney is breaching their fiduciary duties and could be sued. other people close to the appointor could apply to a tribunal (in NSW Guardianship tribunal or supreme court) to replace the attorney. 2. Host of legal issues here and it will likelly end up in tears and legal fees.
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