Skip to main content

1. The idea of an Enduring Power of Attorney sounds good, but I still cannot brush away the fear that my attorney may become vicious when I become mentally incapacitated. Is there anything in the law which can offer me some protection?

An Enduring Power of Attorney cannot guarantee that the attorney will always be a trustworthy person.  But the existing law provides that a donor can impose restriction on the attorney’s power by stating those restrictions in the Enduring Power of Attorney.  It also allows the donor to nominate person(s) to be notified by the attorney applying for registration of the Enduring Power of Attorney.  Further, an “interested party” is entitled to raise queries on an attorney’s behaviour and even ask the Court to remove the attorney.  Therefore, you can restrict or limit your attorney’s power in the Enduring Power of Attorney.  You can also explicitly spell out the name(s) of the person(s) whom your attorney must notify before applying for the registration of the Power of Attorney, so that the notified person(s) can assist in monitoring your attorney’s acts when you have become mentally incapacitated.