Andrew’s Story

Andrew made his son, Michael, his appointed decision-maker for financial decisions. Michael has power to act when Andrew does not have decision-making capacity.

Andrew suffers a stroke and is hospitalised. It is a minor stroke that only affects him briefly. He continues to have decision-making capacity to make financial decisions.

Michael doesn’t understand that the power has not yet started because his father still has decision-making capacity. Without consulting his father, Michael tells the hospital staff that he will arrange payment for alternative treatments for his father.

In this example, Michael has breached a few of his obligations as an appointed decisionmaker.

He acted on a power that he did not yet have. Even if the power had started, Michael should support his father to participate in making the decision to the greatest extent possible.

In this example, Andrew can revoke the power if he is unhappy with how his son has exercised it and he has decision-making capacity to do so. If he does not have decision-making capacity to do so, Andrew or another person with an interest in his affairs can make an application to the relevant body to revoke the power.