Author Box
Articles Categories
All Categories
Articles Resources

Making Power of Attorney and Incapacity

January 23, 2012 | Comments: 0 | Views: 171

Example Of How A Power Of Attorney Was Desperately Needed...

Alice aged 48 and her de facto partner Bill aged 51 live together. Bill has a serious car accident and is in intensive care and doctors advise that he may take some time to recover and appears to have a deterioration of his mental capacity. The family home and mortgage are in joint names however since Alice and Bill never really trusted each other with finances, the signing authority on the mortgage offset and joint account requires both of them to sign before any money can be withdrawn. Bill can't sign due to lack of capacity and Alice can't sign on his behalf either because she does not have legal authority. Household bills are accumulating and Alice has discovered the bank does not have a direct debit in place to deduct funds from either of their accounts to pay the mortgage. Without a power of attorney in place, Alice will have no choice but to apply to VCAT for a guardianship order which will take time and add to her stress, both financial and emotional. Further, Bill's adult children of his previous relationship would have the right to be notified of any VCAT hearing and have their say as well and even contest Alice's application for guardianship. A power of attorney would have saved the day with Alice having immediate access to the bank accounts and avoid privacy issues when dealing with banks and other organisations regarding Bill's status. Moral of the story-without a power of attorney you could leave your spouse or loved one with their hands tied regarding facilitating your finances should you become incapacitated.

And Another Example.....

Gwenda aged 79 has been caring for her husband Harry for the last few years but cannot cope doing it anymore and has her own health issues and wants to live with her daughter. Harry is aged 82 and in very poor health and has been assessed as an appropriate candidate to enter a low care aged care facility. As with most of these facilities, they require an accommodation bond of an amount close to the value of Gwenda and Harry's paid off home. In earlier years they discussed should anything like this happen then they agreed the paid off home be sold and the proceeds placed in an accommodation bond to ensure that the disabled partner would have proper care. Gwenda is ready to sell the home to do this however there is no one legally able to sign on Harry's behalf as joint owner because he has dementia and has lost capacity. Without a power of attorney Gwenda cannot sign for Harry or sell their home. If a power of attorney was made by Harry before he lost capacity, then Gwenda could use it to carry out Harry's wishes as well as any actions for his benefit which would normally require Harry's consent. Moral of the story- dont leave it too late for power of attorney to be made eg: if dementia or other incapacity sets in, as it would be too late.

(c) Copyright Maria Angela Rigoli. All Rights Reserved Worldwide.

For more information about this subject and to subscribe to a free legal newsletter, please visit To obtain a free first consult on any new family law or deceased estates enquiry simply send an email to

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Power Of Attorney


Divorced Partners


Aging Couples

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 428

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 234

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 240

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 388

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 243

Your last will and testament, everyone should have one but you would be surprised at the large percentage of people who do not even consider making any preparations for when they have gone. In 2011

By: Christopher Owen Smithl Legal > Living Willl July 08, 2012 lViews: 298

Tips and ideas on why you need a living will. You need to take the time out and create a living will to protect yourself and your family members in the event of an untimely accident. Having a living

By: Scott Grayl Legal > Living Willl July 04, 2012 lViews: 190

Writing a will yourself is one way to get your will made and another way is hiring a professional like a lawyer or an attorney. In the article are tips and information about what you need to do to

By: Scott Grayl Legal > Living Willl July 03, 2012 lViews: 202

Living wills are living proof you will have what you want if you become incapacitated for any reason. Briefly discusses how to create and complete one and the reasons for doing so.

By: Aloysius Aucoinl Legal > Living Willl June 19, 2012 lViews: 232

Making sure that your final wishes are carried out calls for assistance from a will attorney. A professional can walk you through all of the different steps and help you make some tough decisions.

By: Anna Woodwardl Legal > Living Willl June 11, 2012 lViews: 167

Having a valid last Will is something which can save time, money and angst for your loved ones when you have died. By making a will which clearly sets out your wishes, you will ensure that your

By: Brent Sl Legal > Living Willl June 03, 2012 lViews: 170

Read about 5 main differences between using a finance broker and going to the lender direct. You may be surprised about what you find.

By: Maria A Rigolil Finance > Home Equity Loansl April 13, 2012 lViews: 164

There are 2 main aspects to protecting your assets after separating from your spouse. Firstly, there are actions to take to preserve property, to ensure that it is not dissipated, de valued or

By: Maria A Rigolil Legal > Family Law and Divorcel April 11, 2012 lViews: 167

Many family law clients come to their lawyers with incorrect assumptions about their rights, and their ex- spouse's rights after separation. Here are some of the most common myths, questions and

By: Maria A Rigolil Legall February 25, 2012 lViews: 141

In Victoria, and most states of Australia, the role of Executor of a Will is to: 1. Organize or assist with the funeral arrangements for the deceased. 2. Ascertain whether the deceased left a Will

By: Maria A Rigolil Legal > Elder Lawl January 31, 2012 lViews: 152