23rd June, 2025
When someone loses the ability to manage their own affairs, families must make difficult choices. One option is appointing a Public Trustee. These are government bodies designed to manage finances and property for those who can’t. While they serve an important function, relying on them can come with serious risks. Having a Power of Attorney and an Enduring Guardian in place can often help avoid the need for a Public Trustee.
Public Trustees are usually considered a last resort. They are often used when there is no one else available -or during family conflicts. However, their services can be impersonal, costly, and poorly managed. Once appointed, families have little say in how finances are handled.
A Distressing Case from WA
In Western Australia (WA), a woman with dementia was placed under the WA Public Trustee during a family dispute. Over the next eight years, the trustee charged her $137,000 in fees. At the same time, her assets were poorly managed, including three Perth properties.
One property underwent repairs, including the installation of a new oven. The total cost was around $24,000. Despite this, the property underperformed. In the year following renovations, it earned $17,114 in rent -about $329 per week. This figure was far below the area’s average rent of $461 per week. Two years later, the rental income for the same renovated property dropped even further to $6,619. That amount wasn’t enough to cover basic costs like rates, bills, and land tax.
Daniel, her son, believes the Public Trustee failed in their duty. “They don’t look after the people that really need it,” Daniel said. He described the experience as “totally mismanaged” and deeply frustrating.
Public Pressure Mounts
Sadly, this is not an isolated incident. Legal professionals have long raised concerns about the state of Public Trustee services. Many say the system is overworked and under-resourced. This often leads to delays, poor financial decisions, and limited communication.
Due to rising public concern, the WA Government has promised reforms. These will introduce clearer fee structure and stronger oversight. This week, a parliamentary committee will question the Public Trustee. Meanwhile, the WA Law Reform Commission is reviewing important related laws.
If you’d like to read the full article, you can access it here.
Plan to Avoid These Risks
The best way to avoid these outcomes is through early and careful planning. A valid Will is important -but so is appointing trusted individuals through an Enduring Power of Attorney and Enduring Guardianship. These documents help ensure your wishes are followed, even if you lose capacity.
At Castrikum Adams Legal, we specialise in Estate Planning and Elder Law. Our team offers clear, practical advice with compassion and care. Whether you’re updating your Will or navigating a family dispute, we’re here to help.
Don’t leave your future to chance -or to an overburdened public system. Contact us today to take control of your estate and ensure your legacy is managed exactly how you want.