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:
- the consequences of preparing the enduring power of attorney
- that she may specify or limit the power to be given to her attorney, and instruct her attorney about the exercise of the power in the enduring power of attorney
- when the power begins
- that once the power begins her attorney will have full control over the exercise of the power (subject to any terms in the enduring power of attorney)
- that she may revoke the enduring power of attorney at any time while she has capacity to do so
- that the power continues even if she loses capacity
- if she loses capacity she is effectively unable to oversee the use of power.
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.