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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

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    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

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    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.
     
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