Misuse of Enduring Powers of Attorney
As our population lives longer but becomes more frail, there has become an increasing need to appoint substitute decision makers under Enduring Powers of Attorney. Unfortunately this increased use of Enduring Powers of Attorney has also increase the prevalence of financial exploitation of older persons by attorneys.
Misuse of Enduring Powers of Attorney is a form of elder financial abuse. It can involve the attorney using the Enduring Power of Attorney to access the older person’s bank accounts to use the money for themselves or to transfer the older person’s property. These are just some examples of the form such misuse can take.
Applications can be made to the Queensland Civil and Administrative Tribunal (‘QCAT’) to remove an attorney and appoint a new attorney or to remove a power or change the terms of a power of attorney.
Other actions are also likely to be necessary including:
- Revoking signatory arrangements at banks.
- Lodgement of caveats over transferred property.
- Commencing court action to reverse transfers or to obtain compensation.
Springwood Lawyers has experience in acting in this area of the law.