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ARTICLE · 24 OCTOBER 2018

When someone is lacking financial capacity, what does it mean?

You can make a plan under an enduring power of attorney, for if you lose the ability to manage your financial affairs.

AustraliaFamily and Matrimonial

Whether we have "all our marbles" at the end of life's journey is a question for the crystal ball. However, as our life expectancy increases in parallel with the number of cases of dementia diagnosed each year, it may be better to plan for a "hole in the bag". But what does it really mean in legal terms when we say someone is Lacking Financial Capacity?

You can make a plan for if you lose your ability to manage your own financial affairs. Under an Enduring Power of Attorney you can appoint a trusted person to make financial, legal and property decisions on your behalf now and in the event that you are lacking financial capacity.

Your attorney could access your bank accounts, pay your bills, invest and trade assets on your behalf.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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