Q: What can you do if a loved one is losing their mental capacity and they don’t have an enduring power of attorney?

A: In an ideal world, every adult would have an EPOA in place in case they become incapacitated due to age, sudden illness or an accident. An EPOA is a document that gives someone you trust the power to make important decisions on your behalf, like decisions about where you live, your finances or medical treatment.

But if your loved one doesn’t have an EPOA and can’t (or won’t) sign one, there are still a few options available.

You could apply to the Family Court for a personal order. This is a one-off order made by the court regarding a specific decision (e.g. whether someone is fit to continue living in their home or should move into a rest home).

Alternatively, you could request that the court appoint a property manager to look after your loved one’s property and financial affairs or a welfare guardian to make decisions about their personal care.


Note: This post is brief and general in nature. You should not treat it as legal advice and should seek professional advice before taking any action in relation to the matters dealt with in this post. Armstrong Murray accepts no liability for losses suffered by any person or organisation who may rely directly or indirectly on this post.