Power of attorney for brain damaged individuals with some capacity after illness
- Thread starter INVSTOR
- Start date
if they wanted to act for each other they would.
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.
So a letter from the Dr officially stating loss of capacity with an application to tribunal should do it then ?
What happens if the person you appoint attorney to becomes incapacitated?
Not as simple as that!
If the attorney is incapacited then they can no longer act. This is why you should plan for this.
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 is where the problems can start if there is a dispute between different family members about who should take control. Especially risky with blended families - children of the first marriage v the new spouse etc.
Similar threads
