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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43918
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If I have a power of attorney for financial reasons do i

Customer Question

If I have a power of attorney for financial reasons do i need a doctors assessment to determine when the person is deemed unfit or incapable of managing their affairs
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Queensland, an Enduring Power of Attorney for financial and personal health matters
JA: Has anything been filed or reported?
Customer: We have had this drawn up, witnessed and signed by a JP
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 4 months ago.

Good Evening.

If you have been granted it and the person that gave it, was of sound mind at the time they gave it to you, then you have a valid Power of Attorney.

If they were not of sound mind then it is not valid and you have to get an order from QCAT.

Provided the JP undertook their duties and explained it to the person giving it then it is all ok.

I hope this makes sense and is of assistance. If there is nothing further Happy New Year and

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 4 months ago.
All that is correct and the power of Attorney is valid.
The question I was asking was who determines when i have the right to use the power of attorney.
Do I need expert medical advice to say the person who gave the power of Attorney no longer has the capability to make their own decisions.
Expert:  Leon replied 4 months ago.

Good Evening.

You do. You can use it when it is needed.

You are able to use it form the day it was signed.

You do not need anything from a doctor.