Elder Abuse and Power of Attorney

Castrikum Adams Legal - Bangalow Solicitors, Lawyers

Have you (or someone you know) made a Power of Attorney (POA) and are now uncomfortable with it? Do you know of anyone who may be abusing (or being abused by) their power under a POA?

In the recent case of Cohen NSWSC 336, the poorly drafted POA gave the Attorney unnecessarily wide powers to confer benefits on himself.

He sold his mother’s property (to himself) for $1.00, then resigned as her Attorney; left her for dead in a nursing home; leaving her without anyone to manage her legal and financial affairs. 

The NSW Civil and Administrative Tribunal held that the transfer of the property to himself was an abuse of the power and ordered him to transfer the property back to his mother; and to account for costs.

A poorly drafted POA (and/or a poor choice of Attorney) can have serious consequences, some of which can only be resolved by legal intervention.

If you have questions around your POA, or you have concerns about someone who may be abusing their powers, please call Castrikum Adams Legal.