Wills and Estates: 23 March 2019
Recently the Herald Sun reported that Powers of Attorney can be used as a licence to steal.
We have represented a large number of clients who seek redress concerning the misuse of Powers of Attorney. Usually the victims are the elderly and loved ones who may be divested of their remaining financial assets. In some cases, Powers of Attorney are used in making decisions about aged care and may result in lower level care or failure to pay for basic necessities. We have represented a large number of concerned family members, victims of abuse and concerned institutions such as Aged Care Service providers.
There are systems and Government bodies in place designed to assist in such matters, lawyers can represent the abused and in the case of those who do not have capacity, applications can be made to the Victorian Civil and Administrative Tribunal. The VCAT Guardianship List can address such concerns and determine the most appropriate person(s) to protect the interests of those who don't have the capacity to protect their own interests.
We have had numerous wins in these areas of law. We have installed Administrators and Guardians to protect those who do not have capacity and recovered property taken by family members (or those with Powers of Attorney). By negotiation or court proceedings, we have protected the rights of those with Guardians or Administrators who are negligent, apathetic, or wilfully abusing their trust.
Elder Abuse is not always visible and on some occasions, it is masked by apparent good intentions. You should contact us if you, a loved one, someone in your care or someone in your community appears as if they are not receiving proper care or access to their assets. Similarly, if you are aware of someone who appears to be the subject of physical, mental or emotional abuse, then you should contact us to discuss your concerns.
We look forward to helping preserve your rights and the rights of those you care about.