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May 22, 2025 47 mins

Join 27,000+ doctors and dentists in the 'Investing for Doctors' Facebook group: https://facebook.com/groups/investingfordoctors 


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In this episode, we’re joined once again by estate planning solicitor Tyrone Dutt, who returns to unpack one of the most overlooked risks in estate planning: what happens when you lose the ability to make decisions, but you’re still very much alive.

Tyrone explains why your Will can’t protect you in these situations, how enduring powers of attorney and guardianship actually function, and the serious legal and financial consequences of choosing the wrong person to act on your behalf.

We also cover what happens when assets are sold during incapacity, how estate plans can quietly unravel, and what doctors need to know to avoid family disputes and irreversible mistakes.

If you care about protecting your independence, your wishes, and your estate, make sure to listen to this episode! 



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TIME STAMPS:

00:00 Hook/Intro

01:13 What happens when you're not quite dead but can't make decisions?

02:39 Testamentary Capacity

03:48 Capacity Check on a Client

05:18 Power of the Attorney

07:04 Temporary and Permanent Incapacity

11:58 Guardianship

14:53 Appointing the right people

22:34 Advance healthcare directives

27:32 Following Advance healthcare directives

29:25 Conflict in the Law

35:06 Estate planning should be tailored

37:30 Lifestyle wishes and financial wishes conflict

39:28 Guardianship tribunal

42:30 Capacity issue of the will

45:30 Conclusion/Outro




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SHOW NOTES LINKS


https://ifdgroup.com.au/ 


https://doctorbi.com.au/ 

https://au.linkedin.com/in/mian-bi


https://empire.law/

https://au.linkedin.com/in/tyronedutt
https://www.facebook.com/3mpireLaw 



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LISTEN TO THE PODCAST

 

Spotify: https://open.spotify.com/show/07DS5AxlbgmkuvP6zQGgtN 

Apple Podcasts: https://podcasts.apple.com/au/podcast/investing-for-doctors-podcast/id1775535608 

Amazon Music: https://music.amazon.com/podcasts/b9de46bc-e29d-4402-9e9e-959a3a5dc8da/investing-for-doctors-podcast 

 

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FIND US HERE

 

Website: https://ifdgroup.com.au/ 

Facebook Group: https://www.facebook.com/groups/investingfordoctors 

Facebook Page: https://www.facebook.com/investingfordoctors 



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DISCLAIMER

 

The information provided in this podcast is for general purposes only and should not be considered personal advice. Always consult with qualified professionals or experts in the relevant field for personalised advice tailored to your specific situation. 

 



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