LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Power of Attorney but Doesn't Have Capacity?

Discussion in 'Wills and Estate Planning Law Forum' started by Peter Jackson, 17 June 2015.

  1. Peter Jackson

    Peter Jackson Member

    Joined:
    17 June 2015
    Messages:
    1
    Likes Received:
    0
    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?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    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.
     

Share This Page

Loading...