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Estate planning trap no. 7 – failing to make an Enduring Power of Attorney

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Estate planning trap no. 7 – failing to make an Enduring Power of Attorney

Another cautionary tale from our files:  our client’s mother went overseas on a cruise.  The Greek Islands.  Midway through the cruise, she had a stroke, became incapacitated and ended up in a hospital on the mainland.

She had two sons and a partner.

There was an urgent need to get access to the mother’s money to pay for her medical treatment and to fly her home to Australia.

The mother had not made an Enduring Power of Attorney (EPOA).  Therefore:

  • no one knew who was in charge of her affairs;
  • it was not possible to find out how much money she had in the bank or to operate her accounts or sell her assets.

Our client had to fly to Greece and bring his mother home, at great emotional and financial expense – a saga that went on for weeks.

Had our client’s mother made an EPOA, the appointed attorney could’ve obtained information from the bank and paid for services quickly. It would have made the distressing situation a lot easier.

Everyone should make an EPOA.

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