1. The idea of Enduring Power of Attorney sounds good. But I am still a bit hesitant about it. If my attorney becomes vicious after I have become mentally incapacitated, what protection do I have?

1. The idea of Enduring Power of Attorney sounds good.  But I am still a bit hesitant about it.  If my attorney becomes vicious after I have become mentally incapacitated, what protection do I have?

An Enduring Power of Attorney cannot guarantee that the attorney will always be a trustworthy person.  But the existing law provides that an “interested party” is entitled to raise queries on an attorney’s behaviour and can even ask the Court to remove the attorney.  Therefore, an attorney’s acts and behavior could be kept under the surveillance by a number of other persons, including other persons in your family, even though you may have already become mentally incapacitated.