I need some help. My brother had a brain tumour and before he was operated on he made a POA for medical and financial which can be acted on when he is incapable of making decisions. He now has lung cancer and cranial swelling. He keeps telling every that I am his POA and to deal with me for medical and financial matters. The problem is he is not classed as incapable. Legally that means the POA’s are not in use. I am worried because he keeps telling the Doctors, his work and super fund that I have POA and they keep ringing me and sending me all the paperwork that I can get into trouble for things that he does. He will be getting his super under invalidity allowing him to get it all as a lump sum. I know he will waste the majority of this at the pokies, which is his choice but as he is not capable of living on his own or doing much for himself, he cannot see properly and forgets things etc I am worried about him. as a Doctor has not declared him incapable is it true that I will not be liable for his misuse of his money. I will be telling him I am not his POA and will not be looking after any of his finances anymore.
Very difficult situation for you. Capacity is also a grey area. Can you speak to his doctors to give you a certificate to say that he is incapable of 'majority financial decisions'?
Then a major financial decision is the investment of the super lump sum, which you could put into an account that is not accessible by card or cash (like a term deposit).
If not, do his paperwork for him, but make sure he signs everything.
Yes, because the power of attorney has not commenced, you currently cannot be liable for a conflict of interest under the power of attorney.
If you are power of attorney, you're not liable for his own actions or him wasting his own money. You can only do so much, and it's not your job to protect him from himself.
The Office of the Public Advocate could give you more advice (Vic, SA, WA or QLD), or Public Guardian in NSW.
Then a major financial decision is the investment of the super lump sum, which you could put into an account that is not accessible by card or cash (like a term deposit).
If not, do his paperwork for him, but make sure he signs everything.
Yes, because the power of attorney has not commenced, you currently cannot be liable for a conflict of interest under the power of attorney.
If you are power of attorney, you're not liable for his own actions or him wasting his own money. You can only do so much, and it's not your job to protect him from himself.
The Office of the Public Advocate could give you more advice (Vic, SA, WA or QLD), or Public Guardian in NSW.
Need to know which State you are in, and the wording on the POA. There are different types of POA, and each State has their own laws.
It was written Queensland but he now lives in Victoria and it states as soon as It is determined I lose capacity. We both asked the Doctor to write a letter when he was in hospital but the Doctor said you have POA just use it. Could not get through to him that we needed proof. My brother is only 54 so yes I need proof to use it.
Hey there, that sounds like a tough situation. It's important to clarify the legalities surrounding the Power of Attorney (POA) with your brother and the relevant authorities. Let them know you're not legally responsible until his incapacity is officially declared. However, expressing your concerns for his well-being is crucial. Encourage him to seek professional help and support services.
You can learn more about healthcare and billing processes at The Hill. Good luck!
You can learn more about healthcare and billing processes at The Hill. Good luck!
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