Wednesday, 14 December 2016

Shonky attorneys. Fraudulent use of Power of Attorney

Amendments to the legislation governing Powers of Attorney came into force last year. Amongst other things these amendments provide for compensation to be payable to someone whose attorney abuses their authority.
Compensation is payable even if the attorney is convicted of a criminal offence. Compensation is payable even if the principal (donor) has died and also even if the Power of Attorney document has been revoked or is invalid.
An application for compensation must be brought by the Principal, an attorney Administrator or Executor of the Principal or any other person that VCAT is satisfied has a special interest in the affairs of the Principal.
All well and good of course if the attorney has pumped all of the funds through gambling machines.

1 comment: