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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5611
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My husband's binding death nomination for his superannuation

Customer Question

My husband's binding death nomination for his superannuation account will soon expire. He has Alzheimer's disease which has progressed since making the nomination and he is no longer able to express his wishes or sign documents. I am nominated under his enduring power of attorney (ACT) but the fund has told me that I am not able to renew his binding death benefit nomination. Another source has told me that is not the case under the Superannuation Act. Can you advise please? With thanks, ***** *****
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: We live in Canberra in the ACT. The paperwork for the superannuation is a Beneficiaries Nomination form (on which the account holder nominates his or her beneficiaries in the event of their death). On the existing form my husband has nominated me as the beneficiary.
JA: Has anything been filed or reported?
Customer: In terms of the PoA, it was drawn up by our solicitor in 2010 under the Powers of Attorney Act 2006. Under clause 7 of property matters (including financial matters) it states that "my attorney may make, renew and/or confirm any death benefit nomination on my behalf which has the effect of binding the trustee of any superannuation fund of which I am a member, ..."
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I don't think so! Thanks
Submitted: 8 months ago.
Category: Australia Law
Expert:  Daniel replied 8 months ago.

Hello
A POA is unenforceable after death, but at the present time, you have capacity to make that decision to nominate whoever you so wish.

If there is still issue with them, you can lodge a complaint here:
https://www.fos.org.au/
That simple.

I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

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