Page 21 - BOL April 21 Edition

Sharing Family

Finances with an

Enduring POWER OF

ATTORNEY in place?

Sharing financial assistance within family networks such as reversed unless the parties involved can produce proof that the
interest free loans, lump sum gifts and even contributing to the transaction was entered into without any pressure, in any form,
cost of the construction of a granny flat for personal occupancy being put upon the advancing person to pay over the money
occur all the time. Usually, these arrangements go on between or provide the financial benefit to the receiving person. In a
Parents and their adult children but can also be between adult Supreme Court decision that was previously determined on this
siblings and/or spouses. Commonly, the transacting parties to issue, it was found that a way to produce this proof was for the
these “family friendly” arrangements have also agreed to act advancing persons to obtain independent legal advice about
as Enduring Powers of Attorney (EPOA) for one or another and the nature and the effect of the intended transaction before
have gone on to sign up the appropriate EPOA forms which it was completed. In circumstances where the entire family
have been lodged with the relevant institutions. In any of these enjoys supreme harmony between all of its members, taking
scenarios it is important to note that under Section 87 of the matters to the extremes of independent legal advice is probably
Queensland Powers of Attorney Act, any transaction (financial unnecessary. But in any situation where family quarrels might
or otherwise) from the person who has given an EPOA (the occur, the extra precaution of securing proof of independent
Principal) in favour of the person appointed (the Attorney) can legal advice having been provided simultaneously with the
be challenged (by other persons), rendered completely void and transaction would be very prudent.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30
years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 7, Norwinn
Centre, 15 Discovery Drive, North Lakes. To contact Michael for advice, phone 3385 0999.
The information in this article is merely a guide and is not a full explanation of the law. This
firm cannot take responsibility for any action readers take based on this information. When
making decisions that could affect your legal rights, please contact us for professional advice.

Drug drivers continue to be targeted –

Operation Tango Anaconda

As part of Operation Tango Anaconda which commenced on
March 1, Sunshine Coast police diverted all northbound motorists
off the Bruce Highway near the Glass House Mountains between
9pm and 1am.
Of the 726 vehicles, twenty random drug tests were conducted with
13 people testing positive and ten of those were found to be in
possession of drugs. Three drink drivers were also detected.
In addition to targeting drug driving offences, officers from the state’s
Road Policing Task Force are working with local police to detect other
dangerous driving behaviours on regional Queensland roads.
While patrolling the Warrego Highway yesterday, officers detected a
motorist travelling 136km/h through a 110km/h zone.
The 62-year-old man submitted a roadside drug test returning a
positive result.
Acting Inspector Paul Algie expressed disappointment at the results
from the operation so far.
“On average, we’re still seeing one in every five drivers return positive
results for drug driving,” he said.
“If you’re driving with a drug in your system, you’re 10 times more
likely to be responsible for a crash. Every decision you make on our
roads has a consequence.
“No matter where you are in Queensland, you can expect to see us.”The
roadside saliva-based sample tests for THC, methylamphetamine and
MDMA.
*Figures correct as at time of going to print.
April 2021 www.bestoflocal.com.au 21