Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 November 2020.
Glenda visits her solicitor and has a Power of Attorney drafted and executed, which appoints her three children, Jack, Jill and Jessie jointly as her Attorneys.
Her solicitor explains that, by appointing them jointly, Glenda’s three children must all agree before making any decisions regarding her financial affairs.
Glenda also ensures that her Power of Attorney only becomes activated if she loses the ability to manage her affairs and a medical practitioner confirms this in writing.
Several years later, while on a holiday, Jessie falls in love with and marries an Australian expat who runs a health retreat up in the mountains of northern Thailand.
The family members notice a serious decline in Glenda’s cognition and Glenda is ultimately diagnosed with dementia. Six months after her diagnosis, Glenda’s cognitive ability becomes so impaired that she is unable to manage her own financial affairs which is also confirmed in writing by her doctor.
Whilst Jessie fully supports her family, if she returns to Australia she will not be able to return to her home in Thailand due to Thailand’s strict Corona Virus travel restrictions.
The attorneys attempt to manage their mother’s affairs but due to an unstable internet connection and lack of phone reception, communication with Jessie is sporadic at best.
Jack and Jill seek legal advice regarding their predicament and are informed that Glenda’s Power of Attorney cannot be changed now that she has lost capacity. However, they are advised that Jessie is able to ‘retire’ from her role as Attorney, which would allow the others to continue to manage their mother’s affairs jointly. The three siblings agree that, under the circumstances, this is the best decision, and Glenda’s solicitor arranges for this to be documented in writing.
If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
