Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 January 2018.
Fred was widowed many years ago and continues to live in the family home. He is very independent and continues to live in the home for the next six years, with his children keeping an eye on him.
Fred is very well-organised and makes sure that his Will is up to date. He also understands the importance of putting in place an Enduring Power of Attorney and Appointment of Enduring Guardian. He appoints two of his children as his attorneys and guardians.
The Enduring Power of Attorney allows Fred to appoint his children to manage his financial affairs, such as dealing with his money and his other assets. The appointments are only activated if he loses the capacity to manage his affairs and a medical practitioner confirms this in writing.
The Appointment of Enduring Guardian allows his children to make health and lifestyle decisions on Fred’s behalf if he loses the capacity to make these decisions for himself. More specifically, his guardians will be able to decide where he lives, what personal services he receives and allows them to consent to medical and dental treatment on his behalf.
Unfortunately, Fred’s mental capacity starts to deteriorate and he is ultimately diagnosed with vascular dementia.
Because Fred had appointed attorneys and guardians, his children are able to accommodate his wishes to remain in the home for a further year, arranging for extra care to be provided to him. When Fred can no longer live independently, his doctor certifies that he is unable to manage his affairs and his children have the authority to make the necessary arrangements to admit him into a nursing home. The involvement of the Public Trustee is not necessary and orders are not required to facilitate his financial management or guardianship.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
