A client of the Senior Rights Legal Clinic recently sought assistance in relation to the drafting of his Medical and Enduring Financial Powers of Attorney.
Although the client had been diagnosed with Alzheimers, he appeared lucid and he provided definitive instructions he wanted to appoint his wife as his attorney. The client’s wife was his primary care giver.
We advised the client to obtain certificates as to his capacity to appoint an attorney from his treating geriatrician and his treating general practitioner.
Unfortunately the client’s condition deteriorated so neither of his treating medical practitioners were prepared to certify he had capacity to appoint an attorney.
We advised the client’s wife she would need to make an application to the Victorian Civil and Administrative Tribunal for an Order she be appointed the client’s guardian and administrator and she instructed us to do so.
We are now in the process of making the application.