For an introduction on what you can do as an Attorney, click here to read our last blog on the subject.
There can be issues with Enduring Power of Attorneys (EPAs) even if they were valid and appropriate at the time that they were made. Common issues include:
The EPA was not validly made
A decision is required which falls outside the scope of the Principal’s existing EPAs
Attorneys in dispute with each other
If the Principal has the capacity to make new EPAs or to at least revoke the existing ones, this is often the most straightforward method to resolve issues with EPAs.
If the Principal does not have such capacity, it is possible to approach VCAT for a determination. VCAT has the power to amend or revoke EPAs and to appoint Guardians and Administrators if required. They can also resolve disputes between Attorneys and make determinations on particular issues (such as whether the house can be sold for a particular purpose).
RNG Lawyers has experience in such matters and can work with you and your family to resolve EPA issues and to commence VCAT applications where necessary.