Mary is in her mid-seventies and lives on her own. She has three adult children. Several years ago, Mary appointed her son Michael as her enduring power of attorney. Mary trusts Michael and appointed him to make financial and personal decisions for her.
Mary has a fall and is taken to hospital. While Mary is in hospital, Michael starts talking to the treating team about moving her into permanent care. As Michael has not discussed this with her, she is shocked when she hears about Michael’s plan. He tells her that the power of attorney allows him to make decisions, including where she will live, on her behalf.
Mary is shocked when she learns that Michael is talking to her treatment team about moving her into permanent care.
Mary contacts Seniors Rights Victoria and a lawyer and a non-legal advocate visits Mary. The non-legal advocate talks to Mary about getting an assessment of her home to determine what supports she may need live independently. The lawyer tells Mary that Michael, as her attorney, must involve Mary in the decision-making process and to consider to her wishes. The lawyer tells Mary that she can revoke the power of attorney if she wishes.
Seniors Rights Victoria write to Michael, educating him on his responsibilities as an attorney and encouraging him to involve Mary in the decision-making process. Seniors Rights works with the transitional care team at the hospital to support Mary in her desire to return home to independent living.