Who can make power of attorney in South Australia? What is the law in Australia about the power of attorney? What are the types of power of attorney abuse cases? WARNING RE ABUSE OF EPA. Abuse of Enduring Power of Attorneys : A number of recent matters that have come to the attention of our Office, prompts this warning about the risks of financial abuse of older people, and the potential abuse of enduring powers of attorney.
Enduring Powers of Attorney are excellent tools to plan ahead and all adults should consider having one. Abuse of Powers of Attorney Considering the power given by principals to their chosen decision-makers through Powers of Attorney ( POAs ), coupled with the fact that South Australia ’s aging population controls the majority of the state’s private wealth, it is unsurprising that these documents can be subject to abuse. A ‘misuse of enduring power of attorney ’ arises where an enduring attorney uses the powers given to them by the donor (the person who made the enduring power of attorney ) to benefit themselves (or someone close to them) at the expense of the donor.
The misuse of an Enduring Power of Attorney can be a form of financial abuse. It is a criminal offence for a donee to misuse a power of attorney , but no agency oversees powers of attorney to make sure donees are doing their job properly. If a donee has acted improperly, the Supreme Court can remove the power of attorney or SACAT can appoint an independent administrator. The issue of whether someone under years can make a power of attorney is the subject of some legal debate.
An enduring power of attorney is a power of attorney that continues to operate even after you become legally incapacitated – eg if you become of unsound mind or are unable to communicate in any way, perhaps after a stroke. Taking the time to make an enduring power of attorney means your financial affairs can be looked after by someone you know. Some of the legal claims that may exist when a power of attorney is being abused include the following: Breach of Fiduciary Duty A power of attorney designation creates a fiduciary relationship between the principal and the agent. In these situations, the agent owes the principal a duty to act with the utmost care and diligence.
To assess whether a power of attorney is being abused , you first need to understand what it is and what duties it requires. The agent is sometimes also called the power of attorney. Protections from abuse of powers of attorney. The Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) has responsibility for enduring powers of attorney.
It holds this responsibility alongside the Supreme Court. The most common type of elder abuse is the financial exploitation of a close elderly family member (followed by psychological and physical abuse ). VCAT does not charge a fee. The donee only has the power to deal with the financial matters, and does not have the power to give consent to medical treatment for the donor.
Where a donee acts on a reasonable interpretation of the wording of the power of attorney , the donor is bound by the acts of the donee and the donee is protected. A donee who acts on an unreasonable. If you suspect power of attorney abuse , then you should find an elder lawyer. Information, contacts and tools for lawyers advising clients on Powers of Attorney , Guardianship and Mental Health in South Australia.
A power of attorney in South Australia is a legally binding document which gives someone the power to act as your agent and make decisions on your behalf. Schedule 2—Form of acceptance of enduring power of attorney. The Parliament of South Australia enacts as follows: 1—Short title. This Act may be cited as the. In this Act— enduring power of attorney.
Powers of Attorney in certain jurisdictions need to be prepared using a particular form for certain purposes such as registering documents involving real estate. Abuse of a Power of Attorney for an Incapacitated Family Member. By Larissa Bodniowycz, J. Most people who hold a power of attorney for another person take their job very seriously and act in the best interests of that person. Unfortunately, occasionally unscrupulous people abuse these powers. Powers of attorney , enduring powers of attorney , and enduring guardians.
If you need help managing your affairs, you can choose to give someone you know and trust, or a specialist organisation (such as the Public Trustee and Guardian in NSW) the power to make decisions for you.