Arbon Legal Group – Elder Law
We provide assistance for a range of matters relating to Elder Law
Elder Law and Capacity
Elder Law and Capacity is a matter which will affect most people in their lifetime. As we age, our memories and understanding of complex decisions begins to wane.
Capacity is the number one issue when dealing with Elder law clients. If the adult has capacity, they have the ultimate right to their own decisions and wellbeing. Until the Court is satisfied that the adult does not understand the gravity of the decisions they are making or have shown by their conduct that they cannot manage daily life tasks, the Court will consider what the adult wants above all else.
However, if it can be shown that the adult is not capable of understanding their situation, whether it be by conduct or a capacity assessment with a medical professional, then a legal guardian and administrator may be required.
This can be done by one of three ways:
- with an EPOA which activates once a medical professional verifies in writing that you no longer have capacity (recommended);
- Your family can agree to letting your next of kin make decisions on your behalf (i.e. your spouse, then your kids, then your parents).
- If neither of the above are applicable or there is conflict amongst the family, QCAT can appoint someone, which is significantly costly and may be referred to the public trustee and guardian.
It is crucial that you verify who you want to make decisions on your behalf before you lose capacity. This person will have full control of your finances, where you live, what treatment you receive and more. It can be more than one person, and the way they make decisions can also vary i.e. one person can override the other, jointly, severally (i.e. either one makes the call), as a majority etc.
For over 20 years, Arbon Legal Group have been providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance please contact Arbon Legal Group on 07 5562 0444 or email firstname.lastname@example.org.
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