Capacity in Enduring Powers of Attorney: Why a Reactivation Clause Matters

In the realm of legal matters, one crucial aspect often overlooked is the concept of capacity concerning enduring powers of attorney (EPOAs). Today, we'll delve into the significance of this and shed light on a key feature often missing from standard EPOAs — the reactivation clause.

The Basics of Enduring Powers of Attorney

EPOAs come into effect when a medical professional deems an individual to have lost their capacity. This standard initiation ensures that decisions can be made on behalf of the individual when they are no longer able to make them for themselves. However, what sets apart a well-crafted EPOA is the inclusion of a reactivation clause.

 The Power of Reactivation

Unlike traditional EPOAs, those prepared by Vicca Law include a reactivation clause. This provision is vital because it allows for a dynamic response to changes in the individual's capacity. If a medical professional determines that the individual has regained capacity, the reactivation clause comes into play, restoring decision-making power to the individual.

The Alternative: QCAT Declaration of Capacity

Without a reactivation clause, the alternative route to reclaim decision-making authority involves applying to the Queensland Civil and Administrative Tribunal (QCAT) for a declaration of capacity. While QCAT is intended to provide an accessible process, the reality is often different. The procedure can be lengthy, and the decision-making criteria might not align with expectations.

Why Choose a Reactivation Clause?

Including a reactivation clause in your enduring power of attorney is a proactive measure to avoid the uncertainties associated with QCAT proceedings. It offers a more straightforward and controlled approach to regaining decision-making authority.

Take Action Now

Understanding the nuances of capacity in enduring powers of attorney is pivotal. A reactivation clause serves as a valuable safeguard, providing a more reliable and efficient path to reclaim decision-making authority.

If your enduring power of attorney lacks a reactivation clause and you recognize its importance, don't hesitate to reach out. Call Lidia on 0414 193 373 or conveniently book an appointment on our website at www.viccalaw.com.au.

Our team is ready to guide you through the process and ensure that your legal documents align with your preferences and needs.