QLD Power of Attorney but Doesn't Have Capacity?

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Peter Jackson

17 June 2015
If a person gets someone to redo a Enduring Power of Attorney having been told by a Doctor that the person no longer has the capacity to change it, is that person liable to prosecution?


The Enduring Power of Attorney will be invalid, and the person will not have any power to deal with the person's assets. For simply having them sign a document whilst not having capacity will not make them liable to prosecution. If they attempt to act in capacity of attorney for example by dealing with the person's assets, when they do not hold that power then there may be some civil liability.