An Enduring Power of Attorney is intended to be an important protection for those who have lost decision making ability or who, for example, may be overseas and unable to attend to their affairs.
However, the handing over of such a power occasionally results in the diminution of the principal’s assets without their knowledge or consent.
It is important for attorneys to understand what the Courts can do, should a principal’s estate be reduced fraudulently and without the best interests of the principal.
It is a legal practitioner’s job to explain the powers and obligations of both principals and attorneys under an Enduring Power of Attorney. We are aware of relevant case law which interprets the law in relation to the misuse of Powers of Attorney.
We can also advise who can challenge the wrongdoings of attorneys and the remedies available to the Courts and Tribunals.
Further, we can assist with appropriate advice and the proper drafting of Enduring Powers of Attorney, so as to best prevent risk to the aged and other vulnerable clients.
Please telephone one of our Solicitors on 9725 0377 (Kilsyth) or 9088 8664 (Rosebud) or email info@alpasslaw.com.au for further information.