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NSW Power of Attorney and Enduring Guardian - Can Aunt Do Anything?

Discussion in 'Wills and Estate Planning Law Forum' started by Lynette, 25 August 2015.

  1. Lynette

    Lynette Member

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    I'm sorry if this is the wrong forum for this question.

    My mother has Power of Attorney and Enduring Guardianship for my 86 year old grandmother. My grandmother still lives on her own and, for her age, has great mental faculties, although she saw a specialist who diagnosed her with very early onset of Dementia, but it's barely affected her. My Mum takes care of my grandmother all day, everyday, and was my grandfather's carer before he passed away.

    Now my Aunt, who until this year wanted nothing to do with my grandmother, has started nagging my mother to get my grandmother to sign power of attorney to my Aunt. Every time that my grandmother refuses to sign, my Aunt threatens my Mum that she'll sue her and request a review with the Civil and Administrative Tribunal. My Aunt lives 8 hours away and hardly ever answers her phone when my mother calls.

    My Mum is beyond stressed and terrified that she'll lose Power of Attorney and Enduring Guardianship for my grandmother. Can my Aunt really do anything? And if she can, what are our options?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Lynette,

    Has the power of attorney / enduring guardianship come into effect yet as a result of lack of capacity? Or does your grandmother still have the requisite mental capacity to make her own decisions presently?

    If she has capacity then she, and only she, can decide to revoke the documents appointing your mother as PoA and EG and appoint someone new in her place. However clearly this is not what she wants as she has declined to change her affairs at your aunt's request. While she has capacity, there is nothing that a court can do contrary to her wishes, and I don't know of any "review" that can be conducted while she is in this state.

    Once she loses capacity however, she loses the ability to revoke her former appointments or to make new ones.
     

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