Invalidating a power of attorney cherryblossom dating
Any doubt about the person’s capacity to make the document could result in the State Administrative Tribunal finding the enduring power of attorney has not been properly made, and as a consequence it could be revoked.What should I do if there is doubt about my capacity to make an enduring power of attorney?If you are assessed as having full legal capacity it is advisable that: If you are assessed as not having capacity, you will be unable to make an enduring power of attorney.
When does an enduring power of attorney come into effect?
If you wish to lodge your enduring power of attorney after three months, a statutory declaration will also be required.
It is recommended that you contact Landgate for their specific requirements for the statutory declaration.
If the situation is still unclear, an application should be made to the State Administrative Tribunal for a decision about your capacity.
In some cases the State Administrative Tribunal might decide that while you are still capable of making certain types of decisions, you are no longer able to make reasoned judgements about other aspects of your life.
When seeking this opinion, you should advise the doctor of your intention to make an enduring power of attorney and request a written report of the assessment which clearly states whether or not you have capacity.