Application for determination — enduring power of attorney — capacity — proper explanation of effects and implications — Protection of Personal and Property Rights Act 1988, ss 94A, 95 & 103. The respondent applied for a determination that a document signed by his elderly father (the subject person) in 2017 was an enduring power of attorney. This was opposed by one of his siblings. The document had been signed when the subject person was over 90 years old and living in a rest home. The document essentially gave the respondent the power to drain the subject person's bank account and that was exactly what happened. The respondent, as power of attorney, had contacted a lawyer (not the lawyer who had acted for the family for decades) and had him draft a document for his father to sign. The lawyer had visited the subject person, with no knowledge of his other children, while the power of attorney was in the room and talked about the document. Under s 94A(6)(a) of the Protection of Personal and Property Rights Act the lawyer had the obligation to explain the effects and implications of the document to the subject person and give him advice. The Judge found that the lawyer did not explain to the subject person that the document gave his son "open slather" to spend and use his property, and that the subject person could not have understood that. As the criteria under s 94A were not satisfied the instrument was not an enduring power of attorney. The application was declined. Note: leave granted under Family Court Act 1980, s 11B(3) for publication of this decision in its original form. Judgment Date: 18 February 2019.