Issues of power of attorney and EPA – how to avoid it

When an enduring attorney uses the rights granted to them by the donor (the individual who made the enduring power of attorney) to support themselves (or anyone loyal to them) at the detriment of the donor, this is known as “misuse of enduring power of attorney.” Misuse of an Enduring Power of Attorney will result in financial exploitation. See our ‘What is Financial Abuse?’ sheet for more details.

What to do with an EPA misuse?

If you have reason to believe that an EPA is being mishandled by an enduring attorney for a donor who is unable to respond, you may need to intervene to help the donor.

If the donor is unable to take action because of diminished cognitive ability, such as dementia, you will need to file a case with the Office of the Public Guardian.

When an adult with diminished ability is ignored, manipulated, or assaulted, the Office of the Public Guardian of Queensland is responsible for reviewing and taking action.

  • As part of its inquiries, the Office has the authority to demand that an EPA produce paperwork and reports, as well as to examine financial records and other documents.
  • The Office has the authority to revoke the enduring attorney’s powers for a term of three months if necessary.

In addition to the foregoing, and due to the potential for delays while an investigation is conducted, you should seek immediate legal advice in case other actions, such as those mentioned above, are required.

How does an application help?

If the donor has or is expected to have diminished ability, you will need to consider taking further steps to protect their interests. If the EPA is included in difc wills, you can get in touch with the relevant resources to handle the concerns.

Although the counsel may not be neglecting, cheating, or harming the donor in some cases, they may not be carrying out their duties in compliance with the General Rules, which are the guidelines laid out in the Guardianship and Administration Act 2000 for enduring lawyers. For example, they do not consult close friends or family members, or they may exclude important individuals from the donor’s life.

The consequences of misusing an EPA can be devastating. Perhaps the harm is done before anybody realizes what’s going on, because the money and possessions have already been irreversibly lost. Many that have been harmed by the misuse can be eligible for compensation. People who may have missed a reward under the donor’s Will as a result of the continuing attorney’s conduct are included. Sign in with the best legal consultants for EPA and will writing services in Dubai to handle all the issues without any hustle.

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