I recently presented a paper about Enduring Powers of Attorney at the Queensland Law Society Annual Symposium in Brisbane.
The focus of the paper was remedying losses in deceased estates. The problem the paper was concerned with was where the beneficiary of a deceased person’s estate loses their benefit because of the actions of an attorney.
Examples of loss include where attorneys do the wrong thing by the person who appointed them attorney ( their “principal”) – that is – commit a breach of duty, or where the attorney sells or otherwise disposes of an asset belonging to the principal that was specifically gifted in the principal’s will.
Remedies are available in these circumstances but, as always, time limitations apply, so any person who becomes aware of a loss caused by the actions of an attorney under an enduring power of attorney should obtain advice from a lawyer with specialist qualifications in succession law.