Living While Incapacitated: Who Speaks for You When You Can’t?

We often plan for death, but I find most people haven’t really thought about what happens if they’re alive… but unable to make decisions. Dementia is one of the leading causes of death in Australia, so it is something worth thinking about. But it’s not just about your risk of dementia, there are many other circumstances and illnesses which may rob you of your ability to make decisions for yourself.

I’m talking about long-term or even short-term incapacity, when you’re still here, but you can’t manage your own affairs due to illness, injury, or decline.

It’s uncomfortable, I know. But it’s also far more common than people expect.

I’ve seen situations where someone suddenly can’t access their own online banking, reply to urgent client emails, or even make simple financial decisions—and no one else has the legal authority to step in. I have also seen others taking advantage of such people because no one has the authority to step in and come to such a person’s assistance. Scammers don’t only take the form of ‘Nigerian Princes’ but can be neighbours and other people you may know and would think would never take advantage of you.

That’s where things can quickly unravel.

Incapacity planning is about control. It’s about deciding, in advance, who can step in to manage your finances, your legal matters, and even your day-to-day decisions if you can’t.

Without the right documents in place, like an Enduring Power of Attorney, your loved ones may be forced to go through a lengthy and stressful process just to help you.

And in the meantime? Bills go unpaid. Businesses stall. Opportunities are lost.

I’ve worked with clients who assumed their spouse or family could “just handle things,” only to find out that legally, they couldn’t. Or whether there is such infighting amongst family members that nothing gets done.

That gap between assumption and reality is where most problems begin.

In today’s world, this isn’t just about property or bank accounts. It’s your digital life too, your emails, your subscriptions, your client communications, even your social media.

If you run a business or manage clients, the impact can be immediate and serious.

So, the real question becomes: if something happens to you tomorrow, who steps in and does they actually have the authority to act?

This is exactly why I encourage my clients to think beyond a Will and start planning for life while incapacitated.

Because good planning isn’t just about what happens when you’re gone.

It’s about protecting your life while you’re still here.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions. 

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2026.

Protecting Elderly Loved Ones: Six Tips to Prevent Abuse in Care

The movie "The Father" really hits home about the tough times elderly folks and their families go through, especially when dealing with dementia.

Here at WebWills, we see a lot of similar situations where older parents need help, and their kids are trying to figure out the best way to take care of them and manage their money. But sometimes, things get messy, and disagreements pop up, taking away from what matters – making sure our elders are safe and happy.

In this article, we'll chat about six simple ways to keep elder abuse at bay and make sure looking after our elderly relatives is smooth sailing.

1. Address Legal Matters Early

Ensure elderly relatives have a power of attorney in place while they still possess decision-making capacity. Addressing legalities early prevents complications and potential disputes in the future.

2. Effective Management by Attorneys

Attorneys appointed under a power of attorney must manage the principal's affairs diligently and in their best interests. Regular management and communication are essential to prevent mismanagement.

3. Respect Inheritance Timing

Avoid pressuring elderly relatives for early access to inheritance funds. Such requests may strain relationships and jeopardize the elderly person's financial security.

4. Seek Legal Guidance

Consult with a lawyer to mediate disputes and find mutually beneficial solutions among family members. Legal assistance can prevent conflicts from escalating and safeguard the elder's interests.

5. Explore VCAT Options

If disputes persist, consider applying to the Victorian Civil & Administrative Tribunal (VCAT) for intervention. VCAT can appoint new administrators or guardians, request financial information, or address concerns about attorney misconduct.

6. Prioritize Communication

Maintain open communication channels among family members to address concerns and clarify expectations regarding the elderly relative's care and finances. Effective communication fosters understanding and prevents misunderstandings.

Taking care of elderly relatives can be challenging, but with careful planning and communication, families can ensure their well-being while avoiding elder abuse. Remember, HazeLegal is here to help if you have any questions or need assistance. Feel free to reach out to us anytime.

DISCLAIMER

This is a commentary published by WebWillls for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.

© WebWillls, Australia 2024.