Who makes decisions for you if you lose capacity and have no power of attorney?
Answered byKevin FinnHead of LegalWatch · 0:42Marriage does not automatically give your spouse authority to manage your finances. If you lose capacity without an enduring power of attorney, someone may need to apply to the relevant state tribunal for a financial administrator or manager. The tribunal decides who should act, and that may be a public trustee rather than a relative. Arranging the appropriate documents while you have capacity can help avoid this uncertainty.
For related guidance, see can someone holding your power of attorney change your Will?.
Read the video transcript
In Australia, marriage does not automatically grant financial authority. If you lose capacity without an enduring power of attorney, an application must be made to a state tribunal. NCAT in New South Wales. VCAT in Victoria. QCAT in Queensland. They can then appoint a financial administrator. This process is time consuming, and the tribunal may appoint a public trustee instead of a family member.
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