Who has the power to make decisions for you?

A CASE STUDY – What happens if one of you suddenly needs help?

The tale of a missing Enduring Power of Attorney

happy elderly senior couple walking on beachAt 65 Tim & Margaret sold their family home in Sydney and purchased a new home on the Central Coast for their dream sea-change retirement.

Completely unexpectedly within a short period after the move the Margaret was diagnosed with Alzheimer’s that sadly deteriorated rapidly. Alarmingly she started to wander at night whilst Tim slept and ended up on a busy highway one night. Suddenly the situation was beyond Tim’s ability to manage on his own & it was essential for her safety that Margaret enter a care facility that could watch over her 24 hours a day.

However, the only facility with a place available at the time was in the Western Suburbs of Sydney, a long way from the Central Coast. Tim was a pragmatic kind of fellow & so decided to immediately sell the house and move nearby to the care facility.

As if he was not dealing with enough difficulty seeing his beloved partner in a care facility and her condition deteriorating, suddenly Tim’s future was also now out of his control.

Unfortunately neither Tim nor Margaret had an Enduring Power of Attorney for each other so Tim could not sell the house without Margaret’s permission and she was now not of sound mind. Their case was then handed over to the Public Trustee to decide if it was in Margaret’s best interests to sell the house.

Whilst Tim has waited for many months for a decision by the Public Trustee he travels hours by train every day from the Central Coast to the Western Suburbs of Sydney to visit Margaret.

Have you and your partner a registered Enduring Power of Attorney?