The Court approved a statutory will under s 21 of the Succession Act 1981 (Qld) for an 85-year-old man with severe Parkinson's disease dementia, finding the proposed will was one he probably would have made if he had testamentary capacity, having regard to his changed personal circumstances (separation from de facto partner) and prior testamentary history. The Court also directed under s 118 of the Powers of Attorney Act 1998 (Qld) that the attorneys were justified in compromising the proceeding on the terms of a deed of settlement, applying the structured decision-making framework in the general principles (s 6C PAA) and concluding the settlement was in the incapacitated person's best financial and overall interests. The Court exercised its power under s 116 PAA to remove the former de facto partner as attorney under the medical enduring power of attorney, given the changed circumstances of separation and geographical relocation.
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