Sometimes the powers given to someone exercising an Enduring Power of Attorney are misused, undermining the wellbeing of the person they are meant to protect. This is a form of abuse. If you still have capacity, it is possible to revoke (withdraw) your Enduring Power of Attorney so you can regain power over your own affairs. Here are the legal documents you must complete if you wish to revoke the Enduring Power of Attorney for each state in Australia:
In general, you may change or revoke an Enduring Power of Attorney at any time as long as your power to make such a decision is not impaired.
Under Queensland law, it is not up to you to have to prove your own capacity. It is presumed that every adult has capacity to make all decisions until proven otherwise. This presumption is not affected by any personal characteristics such as disability or age. If someone wants to challenge your decision-making capacity, they have to prove you have impaired capacity by conducting a capacity assessment. Taken together, this effectively means that in Queensland, if you fill in the form above in the presence of a JP or lawyer, and then advise your Enduring Power of Attorney of the revocation, that they will no longer have legal power over your affairs. The procedures are slightly different in each state, and it is important that you seek your own legal advice. If you believe your Enduring Power of Attorney has misused their powers, it is critical that you address the situation immediately. Google "free legal advice" for your state to access legal advice for your particular circumstances. Angel Assist believes in the fundamental right of each human being to determine where they live, how they are cared for and who provides that care. Contact us today on 1300 717 441 if you would like us to help in any way.
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