Power of Attorney disputes

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Power of Attorney disputes

People appointed under a Power of Attorney take on very serious responsibilities and duties. Unfortunately, we regularly see instances where these powers are abused and duties are breached. Often this involves misuse of funds. In some cases, issues stem from lack of proper medical care. In every case, you need someone you can trust to act quickly to get matters back on track.

We regularly assist where there is concern about the conduct of an appointed Attorney. We also assist Attorneys to fulfil their duties and attend to any matters of concern. Our Estate Litigation team has many years of experience in this area of law. We 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

It might be that an Attorney is not keeping records of all the transactions they’re carrying out under their Power of Attorney; and may be taking funds for the Attorney’s own personal use. Unfortunately, it often occurs where the person is elderly and the Attorney sees the money as their ‘entitlement’ or ‘inheritance’. In other serious cases, the Attorney might not be obtaining appropriate proper medical treatment.

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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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Possible solutions

We can advise on suitable actions depending on the specific nature of the dispute:

  • Action may need to be taken in QCAT (Queensland Civil and Administrative Tribunal) or the Supreme Court to ensure the person’s interests are looked after, and sometimes the Attorney’s interests.
  • Attorneys can be removed or replaced or have their powers restricted.
  • Attorneys can even be forced to pay compensation in certain circumstances.
  • Often, an Attorney’s misconduct is not discovered until after the person has passed away. In those instances, the executor or administrator of the deceased estate can pursue the Attorney for compensation.
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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.

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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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Don’t wait any longer to get the right advice

All of our lawyers are highly specialised and experienced in their area of law
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