Legal Documents

Hello, I arranged for the POA and Enduring Power of Guardianship documents to be drawn up for my parents a few weeks ago with a solicitor. The solicitor was happy to sign off on the day and has been paid. My mum has dementia but was great on the day we saw the solicitor. He mentioned that a letter would be sent to the GP. When I called the solicitor this morning chasing the documents he said the letter has been received from the GP and he will be writing to my parents to discuss. He wouldn’t tell me anything else. I am tearing my hair out trying to find out what implications this gp letter will have. I’ve called Dementia Australia, Seniors Legal Advice and exhausted all that Google has to offer. I’m already hanging by my last nerve. Is anyone able to give me a hint or clue as to what it means? Does it means mum needs to be assessed again by the GP?.

Hi Millie71,
Nellie is correct that an EPOA must be signed prior to a diagnosis of dementia ie the person has to be considered to have been cognitively unimpaired to sign off on the documentation. The solicitor would obviously have to have a letter from your mother’s GP about this as he would not be in a position to diagnose your mother’s mental health in a meeting in his office. I too am surprised that this was not explained to you at the time of signing. Have you since spoken to your mother’s GP rather than via the lawyer? I would suggest you do so. You may be worrying unnecessarily.
Regards, Jill

Hi Millie71
Just trying to understand, did you already have the EPOA’s for your parents, and the solicitor needed a letter from their GP to activate them, or were your parents getting the POA’s drawn up for you at the solicitor’s office a few weeks ago . From what I understand you can’t make a EPOA if the solicitor thinks your mother hasn’t got the capacity to do so, and maybe that’s why he wanted that letter from the GP ?Unfortunately these things need to be done when your of sound mind. Just find it strange that he refused to explain all that before he took your money. I was lucky we got ours done when we did, I never thought at the time I would ever have to use the EPOA’s, but here we are ten years later, my husband was diagnosed with advanced dementia earlier this year when a My Aged Care representative brought a geriatrician over to assess my husband,( she had a diagnoses in less than 20 minutes) and i have that letter from her. And now finally I have all the appends to go into care, but it has been a uphill battle to get to to this stage.