27-04-2025
Wife loses control of $25million assets after kids revealed despicable reason she should not have sole power of attorney over dementia-suffering husband
A wife who was given sole power of attorney over her dementia-suffering husband has lost control of their $25million wealth after the court heard she cheated on him.
Queensland 's Civil and Administrative Tribunal this month determined the farmer wouldn't have allowed his wife control over their estate if he was able to recall her affair.
Their wealth was valued at $24.5million in June 2024 and was mostly comprised of rural land holdings.
Disputes within the family on what to do with one of the main properties saw the matter land in front of the tribunal, the Courier Mail reported.
The wife was open to selling the property while two of the couple's children were concerned they'd miss out on the benefits of inheriting the property - a decision their father didn't have the capacity to weigh in on.
At the centre of the tribunal's decision was a document which declared the wife power of attorney over the farmer's health, personal and financial matters, and his children as successive attorneys.
The Queenslander had struggled with symptoms of cognitive decline, likely mixed Alzheimer's dementia/vascular dementia, for several years before appointing his wife and his daughter severally as his attorneys in 2022.
This was followed by a document declaring only his wife as attorney in September 2023.
The farmer's children sought to have the 2023 document nullified, arguing their father's cognitive capacity significantly declined after 2022.
They claimed their father could not go shopping, prepare meals or carry out domestic tasks when he appointed his wife as his only attorney.
The wife admitted that by the end of 2022 her husband's behaviour had shifted so drastically 'that the person she had once known was not there anymore'.
She told her husband of her affair in August of 2023 - just one month before she was appointed his sole attorney.
'His immediate reaction was extreme distress,' tribunal member Clare Endicott said.
'Being in tears, threatening suicide and exhibiting emotional collapse.'
However, the farmer would often forget about his wife's infidelity unless prompted by others.
'When he did recall this information, he was fearful that his wife's relationship could result in his assets being accessed by another man,' Ms Endicott said.
'The tribunal is satisfied that (he) did not want (her) to be in control of his finances at those times when he had recall of his wife's relationship.
'That is, when he lacked trust in his wife due to her new relationship.'
The tribunal determined the farmer most likely would not have appointed his wife as his sole attorney if he'd had the capacity to remember her affair.
It declared the 2023 document invalid and sought submissions on how to proceed with future management of the farmer's affairs.
