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VIC Enduring Power of Attorney - Use for Mother with Dementia?

Discussion in 'Wills and Estate Planning Law Forum' started by Marion, 6 June 2015.

  1. Marion

    Marion Member

    6 June 2015
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    How do I begin to use my enduring power of attorney given to me by my father (now deceased) and my mother who is showing signs of early onset dementia?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Marion,

    Some questions:
    • Who is the principal (i.e. power to attorney given by whom)? If it is by both your mother and later father, is this contained in one document or executed by each parent individually in separate documents?
    • Are you named as the attorney in this power to attorney document executed by the principal?
    • Are you asking whether you can use it to administer your father's estate or over your mother's affairs or both?
    If the power of attorney is validly executed and you are the named attorney, you can exercise it under the conditions stated in the POA document (i.e. scope of power, when to exercise, what you can do). The document to clearly specify what you can do and when.

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