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Controlling an Attorney who is abusing their powers
In any scenario where a person is concerned that an elderly or mentally incapacitated person ( usually referred to as a “Principal”) is
being abused or just improperly looked after by the person or persons who have been formally appointed to act as Attorney(ies) under
an Enduring Power of Attorney (EPOA), it might be thought that there is nothing anyone can do to reign in the rogue Attorney (ies) and
protect the Principal.
Well actually there is:
• Sec 6C of the Powers of Attorneys Act 1998 Qld (POAA) sets out a very useful list of the Principal’s rights including, the right to
maintain contact with family and supportive relationships
• Sec 61B of the POAA prohibits use of the EPOA to increase or decrease an expectant beneficiary’s share of the Principal’s estate prior
to the Principal’s death.
• Sec 73,86 and 87 of the POAA obligate the Attorney to keep the Principal’s property separate from their own and generally not to
enter into any conflict of interest transactions.
• Sec 66,85,81 and 122 of the POAA require the Attorney to act honestly and keep records which can be called for in audit and also sets
out information that the Principal is entitled to receive from the Attorney concerning what transactions/action has been taken by the
Attorney on the Principal’s behalf.
• Sec 82 of the POAA covers what happens if the Principal’s existing Attorney resigns whilst the Principal has impaired capacity and ;
• Sec 116 of the POAA sets out the Court’s power to remove an Attorney in appropriate circumstances
All of these rules bind an Attorney and any concerned person is fully entitled to call upon an Attorney to adhere to them or face removal
via a Court application if they do not.
Michael Zande is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes.
To contact Michael for advice, please phone (07) 3385 0999. Please feel free to review our firm and staff profiles at www.zandelaw.com.au.
From everyone at Zande Law, we would like to wish the North Lakes and surrounding
communities a Merry Christmas and a Happy New Year.
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.
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