Dangers of being afforded power of attorney

There is a danger of exposing oneself to litigation, writes Brian Tarbitt from Sophiatown.

My younger brother, who is now 78 years old, suffered from epilepsy since before primary school, and in the past five years or so developed dementia.

Luckily, my brother made me co-signatory to his bank account.

I don’t have power of attorney, however, being able to settle his normal day-to-day household bills, grocery accounts, drawing small amounts of cash, etc.

In this mode, I have had occasion to withhold payment on accounts presented, which were patently fraudulent, or subject to dispute.

Following a very interesting article in my Sunday newspaper, which highlighted the fact that unauthorised family members, taking it upon themselves to adopt this mantle of unofficial “power of attorney”, could possibly expose themselves to litigation.

Others in a similar position may well wish to take stock of their situation.

Are doctors making life-anddeath decisions for patients with dementia, where there is a choice to be made, and are they exposed to liability if they do not have power of attorney and make an unfortunate choice?

Comments from readers please.