Enduring Power of Attorney an option for Freddy

Farmer Freddy


After an extended hospital stay under his belt, Freddy was on the mend and starting to feel better.  He was enjoying a cup of tea with Wilma and a surprise visit from Pebbles.  “I am glad you are feeling better Dad” says Pebbles.  “You gave us quite a fright”.

“Yes” says Wilma, “it is nice to see some of the old Freddy back”.

“Now sorry to jump straight in with hard questions Dad, but have you given more thought to your Enduring Powers of Attorney?” Pebbles asks.

“Oh” says Freddy, “not really.  I hadn’t thought that it was an option while I was in hospital.  The lawyer told Wilma that I can’t sign them unless they are sure I have all my marbles” he chuckled at his own joke.

“Great to hear you are making jokes again” said Pebbles.

The nurse came in to do some routine checks on Freddy and Wilma and Pebbles carried the conversation on outside.  “So tell me more about these Enduring Powers of Attorney” Wilma asked Pebbles.  “Can Freddy really complete these while in hospital?”

“It is a possibility” said Pebbles.  “It is right that if your lawyer considers that your capacity is impaired, he will need a medical report from a doctor” Pebbles tells her.

“A medical report?” questions Wilma.  “What would that involve?” she asks.

“There will need to be a full medical assessment.  The first step is to complete a clinical assessment of Freddy’s health and mental state to assess his capacity”.

“The second step involves a meeting with a doctor and lawyer where he will be asked specific questions about his understanding of the Enduring Powers of Attorney to confirm that he understands the effect of the documents. that he can explain his decisions, and there is consistency with his decisions”

“Well” says Wilma.  “That sounds like quite a process” 

“It sure is” says Pebbles.  “They have to be sure that Dad has capacity and can enter into these documents, but with his health at risk it could be worth going down this path.  If he has another health setback, this may not be an option and will have to go back to the path of an application to the Family Court which, as you remember, was a complicated application which will involve considerable time and expense.  I think that we should have some discussions with Freddy’s doctor and lawyer and see what their thoughts are.”

“Good idea Pebbles” said Wilma.  “Unfortunately the farm doesn’t run itself!”

The content of this document is necessarily general and readers should seek specific advice on particular matters and not rely solely on this document. 

If you would like more information on any of the topics in this document, please contact your usual Auld Brewer Mazengarb & McEwen adviser. 

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