1 Comments Wills, probate, letters of administration, powers of attorney
Hi. There are a few things here that need to be addressed. Firstly, the ending of your wife as your EPOA. The NSW Trustee and Guardian has on their website this information: To revoke a Power of Attorney you must inform your attorney in writing that you are bringing their appointment to an end. Should you fail to inform your attorney of the revocation your attorney can legally continue to make decisions on your behalf. Your bank and any other relevant groups or businesses with which your attorney may have been dealing should be notified of the revocation. If your Power of Attorney is registered you should also register the revocation. After revoking the Power of Attorney you should destroy the original and any copies of the attorney document you may have. Notifying your wife that she will no longer be the EPOA for you will need to be in writing and then signed and dated and witnessed. If you can get a JP to visit your home, that might solve the issue with your wife not wanting to go out. If you look on the JP website, there is a list of JP's closest to you, they are not always businesses, they are regular people that may live near you too. You would then go through the process of nominating your son as the new EPOA for you only. That would be pretty straight forward. In terms of making your son a secondary EPOA for your wife and you continue to be the first EPOA. From my understanding, you can have two EPOA's for your wife for different periods of time. So, she would state in the document that in the event you become incapacitated and cannot fulfill the duties of the EPOA then your son will take over that role. You would need to set up a new EPOA to state this. As long as the EPOA duties do not overlap between yourself and your son, you are able to have two EPOA's. The moment the duties overlap for the same purpose, the original EPOA will automatically be revoked. In light of the fact that this will be at different times, it will be acceptable. I hope this helps.