Abuse of Enduring Powers of Attorney – Remedies and Compensation – Leo Cussen Centre for Law

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Abuse of Enduring Powers of Attorney – Remedies and Compensation

Abuse of Enduring Powers of Attorney – Remedies and Compensation

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It is imperative that Practitioners working in wills and estates draft clear and correct Powers of Attorney to ensure that your client’s wishes are carried out in accordance with their instructions especially during urgent and uncertain times. However, cases frequently arise in courts and tribunals where an attorney has misused their power and takes advantage of the person who appointed them.

This seminar will focus on badly behaved attorneys who abuse their position and against the principal’s wishes and will include:

  • Abuse and misuse – what constitutes a breach by an enduring attorney;
  • Conflicts of interest and power of attorney;
  • Revoking the power of attorney once decision making capacity has ceased;
  • Applying to VCAT for powers to be revoked – Application Tips;
  • When the abuse becomes evident after the principal has deceased;
  • Can the attorney be held liable by misuse of the power of attorney;
  • Compensation & Remedies;
  • Penalty for abuse of Power of Attorney in Victoria;
  • Recent cases of significance.