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Alliance for the Prevention of Elder Abuse
Frequently Asked Questions
1. What is the difference between a Will and an Enduring Power of Attorney?
2. What decisions can an Attorney make on my behalf?
3. Can my Attorney charge for their services?
4. I have already appointed an Attorney, do I also need to appoint a Substitute
Decision-Maker and why?
5. What happens if my Attorney or Substitute Decision-Maker dies?
6. If I move interstate will my Enduring Power of Attorney and Advance Care
Directives still apply?
7. What can I do if I discover that my appointed Attorney had taken my money
without my consent?
If your appointed Attorney or Substitute Decision-Maker passes away and the person who made the appointment still have legal capacity, they are able and should appoint someone else to be their Attorney or Substitute Decision-Maker.
If the person who made the appointment no longer has legal capacity then a family member or someone in charge of their care is able to make an application to the Civil and Administrative Tribunal (SACAT) to seek an order that someone is appointed as either Guardian (equivalent of a Substitute Decision-Maker) or an Administrator (equivalent of an Attorney) for the person.
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