Lost & Found: Making a power of attorney and extent of understanding

In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant's List, and discuss the recent decision of Lambourne v Marrable [2023] QSC 219 involving a dispute about the validity of the revocation of older and making of new enduring powers of attorney where a principal lost capacity and subsequently regained it.

In this chat, we talk about:

• The test of understanding the 'nature and effect' of the document, vs the transactions that the EPA permits
• The need of understanding of the full extent of assets and structures, or lack thereof
• The presumption of capacity under the new s111A Power of Attorney Act 1998 (Qld)
• The risk of personal liability for attorneys acting when capacity is in question (or indeed the regaining of capacity!)
• Key take aways for practitioners making/revoking EPAs and/or advising attorneys

You can (and should!) read the full case here.

Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com.

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See you next time on The Heir Waves.

** IMPORTANT NOTICE **

The information provided in this podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.