QLD Solicitor Refusing to Say Who has Power of Attorney?

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Poidah

Well-Known Member
9 November 2017
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Qld
Can the confidentiality of the EPA (enduring power of attorney) be protected by privilege?

Unlikely that the scenario will play out but a friend who is estranged from his father who was his single parent is now in a nursing home, mentally incapacitated. The nursing home and the father's solicitor are refusing to release who the appointed enduring power of attorney is.

As a son, I would think he has the right to make sure that things are OK for his father and that there are some transparency and accountability, etc. He knows that he has the right to contest the power of attorney but he is more interested to ensure that his father is adequately taken care of.

Hopefully, the nursing home and the solicitor will pass the son's details to the EPA who will then speak to him.

But I was wondering what would happen if he is frozen out, what avenues can he take?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
1. Who does he think it could be?

2. If he's estranged, then why can't he just un-estrange himself,
and visit his father in the nursing home?
(even if he can't get a coherent answer from his father due to illness?)
 
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Poidah

Well-Known Member
9 November 2017
141
6
419
Qld
Heard back.

The EPA is the neighbour who has always been supportive of both of them.
The neighbour is probably struggling to respect both their wishes - father's wishes for privacy vs son's keenness to be involved.
Tough bind.

So hopefully this will all be resolved amicably.
 

Arche

Well-Known Member
20 March 2015
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Hi Poidah
I am not sure what you/your friend sees as the problem. The neighbour having Power of Attorney has nothing to do with who visits the father in a nursing home.