Thank you for your message.
Which site are you referring to? I am well versed with Australian laws and will be happy to assist. Please let me know how I can help?
Do you have a question relating to Australian law?
no worries thank you.
Please state your question. Thank you.
Thank you for you message.
Please note, any subsequent EPOA will revoke the earlier EPOA automatically and the new document will be in force. However, with respect to your particular query, it seems that your mother may not have the mental capacity to fully understand and appreciate the consequences of executing EPOA in your brother's favor. Note that for an enduring power of attorney your mother must be able to understand:
When doubt arises over whether a person has the capacity to make an enduring power of attorney, the Queensland Civil and Administrative Tribunal (QCAT) can make a decision about that person’s decision-making capacity.
You may consider challenging that in the tribunal and providing reasons (medical documents) why the power to execute such document by your mother stands sufficiently restricted.
Furthermore, note that in rare cases, attorneys who have spent assets unwisely or sold the family home inappropriately. In such cases, the Public Guardian has the power to investigate an attorney and has several options available to resolve the matter to best protect the adult concerned. Additionally, QCAT or the Supreme Court can remove an attorney or revoke an enduring power of attorney.
Hope the above helps. Please do not forget to rate me for my answer as this is the only way I get recognized for my service on this website. Thank you.