The effect of losing your capacity (not dying) on your superannuation
Many of us (hopefully) know what happens to our super when we die. But what if you haven’t died, but have lost your capacity to make decisions. Given our tendency to live longer the likelihood of losing capacity increases as we age. If you haven’t prepared for this, the consequences can be serious, if not disastrous. The issue particularly affects who can control your super fund and even what happens to your death benefit. How far can your Enduring Power of Attorney go in changing things in your super, for example – you may be surprised at the answer.
Brian Herd, Partner - CRH Law
Brian is an ageing and passionate partner with the Brisbane law firm, CRH Law. He heads its Elder Law team devoted to the interests of older people and is regarded as one of Australia's leading lawyers in this important area of life and law He is Deputy Chair of the Queensland Law Society’s, Elder Law Committee, a member of the Law Council of Australia’s Elder Law and Succession Committee, and an international member of the National Academy of Elder Law Attorneys of America.
For 3 years in a row, he has been voted by his peers as one of Australia's "Best Lawyers in Seniors and Retirement law" and by Doyle's Guide as one of only 2 preeminent lawyers in Queensland in the area of health and aged care.