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Home > For You > Estate Litigation > Enduring Power of Attorney Disputes

Enduring Power of Attorney disputes

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Enduring Power of Attorney disputes

An Enduring Power of Attorney is legal appointment enabling a person to make financial and personal decisions on behalf of another individual (the Adult) when the Adult loses mental capacity (for instance, due to dementia or brain injury).

Taking on the role of an Enduring Power of Attorney comes with very serious obligations. Unfortunately, attorneys do not always comply with those obligations, often for personal gain. We regularly assist people who know, or suspect, of an attorney misusing their powers.

We also assist attorneys deal with ill-founded complaints about their actions by family members who often don’t have the Adult’s best interests at heart.

We have many years of experience in this area and can guide you in the steps required to resolve the dispute as quickly as possible.

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Common causes of Power of Attorney disputes

The most common disputes regarding enduring powers of attorney include:

  • a misuse of the Adult’s funds by the attorney;
  • the attorney making decisions not to spend, primarily to maximise their inheritance, rather than ensuring the Adult’s needs are met (such as care);
  • the attorney preventing contact between the Adult and other family members, usually for inheritance reasons or to retain ‘control’;
  • the attorney letting their personal interests conflict with their obligations as attorney;
  • failure by the attorney to keep records of financial transactions.

Sometimes, disputes arise after the Adult has died. In those situations, it is vital that legal advice is sought urgently. The executor of the Adult’s deceased estate is still entitled to pursue an attorney (eg. for compensation) but time limits apply.

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How can we help

We give advice on how best to deal with the particular dispute in the most cost-efficient  and practical manner. Sometimes, there is no option but to commence proceedings against the attorney. This might be to seek a review of the attorney’s decisions, seek for the attorney to be directed to take certain steps or even seek to have the attorney replaced altogether.

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Obligation-free appraisals, flexible fee options

We are pleased to offer a range of fee options depending on your circumstances, including deferred and no win no fee arrangements. Contact us for your free, 30-minute obligation free appraisal today.

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Plan your next move

Time limits do apply. So if you have concerns about whether someone is misusing their Attorney powers, contact our Team today.

Call us today
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“Your help was greatly appreciated, thank you”

DK

“I just wanted to say thank you for the kind regard you showed my mother. Without such confidence in you during this ordeal and support and reassurance, the outcome may have been adverse for her. So know you are appreciated…”

DD

“I just wanted to express my gratitude for the effort that you have put in for the successful outcome…I am happy with the result and can finally have some peace of mind.”

CB
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Meet our Estate Litigation team

Delivering tailored and personal legal solutions
Director

Charlie Young

Estate Litigation, Bankruptcy and Insolvency, Contract Law, Corporate Law, Disputes and Litigation, Elder Law, Finance Law, Superannuation, Wills and Estate Law
Special Counsel

Barbara Houlihan

Family Law, Disputes and Litigation, Estate Litigation, Wills and Estate Law
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