QLD Duty of EPOA to give information to next of kin?

[Scout]

Is there a duty for my brother, the sole Enduring Power of Attorney for our elderly Mother, to share information about her health and whereabouts (eg.in hospital) with me, as I am her only other next of kin and daughter?.
Her aged care facility has told me they will only contact one person and that is the EPOA and he is supposed to contact others.
We are all living in Queensland but the EPOA was signed in New South Wales.
Thanks for your help.

 

[Rob Legat - SBPL]

I'm not aware of any requirement for an attorney to share information about the donor with any other party. Giving power of attorney is more in the vein of granting an ability to act on someone else's behalf - not an onus that they have to act. It's implied that you appoint an attorney who would be willing to do so when the need arises.

There are provisions under the Queensland Act which requires an attorney not to disclose confidential information to another person unless authorised (POWERS OF ATTORNEY ACT 1998 - SECT 74 Protected use of confidential information and POWERS OF ATTORNEY ACT 1998 - SECT 74A Prohibited use of confidential information).

However, it could generally be assumed that certain relevant information would be made available to next of kin, especially between family members, unless it was against the wishes of the donor.

 

[Scout]

Thanks for your reply Rob.

I have been trying to let this issue go but find I need to dig deeper into this question. Unfortunately my family of origin is not healthy and general assumptions of behaviour do not apply.

In my opinion my brother and our mother's enduring power of attorney, is manipulating her and also stonewalling me. Her nursing home does not notify me even when she has been admitted to hospital. They have told me they will only notify the EPOA and he is then supposed to notify others.

In my opinion my brother has a sociopathic type personality and will not choose to notify me even when our mother dies, unless it is in his interest.

I have found it is safest for my family and me to keep our distance from him and now also my mother, due to what in my opinion is their emotional, psychological and financial abuse of us.

Is there anything we can do to insist that my brother or the aged care facility contact us when there is any significant changes with Mum?

Thanks for your help.

 

[Rob Legat - SBPL]

No, unfortunately.

 

[Scout]

No, unfortunately.

No, unfortunately.

Thanks for your time and prompt reply.

 

[Scout]

Thank you for your time and prompt reply.