In a recent decision at VCAT, the Tribunal referred to a decision of the Western Australian State Administrative Tribunal in finding that VCAT does in fact have the power to make an order in relation to various acts by the holder of a power of attorney after the death of the protected person / giver of the power of attorney.
The attorney, no doubt seeking to avoid an examination of his conduct of the deceaseds affairs whilst the deceased was still alive, contested the application saying that VCAT's powers ceased when the giver of a Power of Attorney died.
Two children of the deceased who had been deliberately kept in the dark by their Brother applied to VCAT for an order that all account statements and accounting be produced by the attorney up until the date of death.
VCAT found that it had power to make such an order for the period up until the date of death of the protected person / donor of the power of attorney, and it did so.
The attorney, no doubt seeking to avoid an examination of his conduct of the deceaseds affairs whilst the deceased was still alive, contested the application saying that VCAT's powers ceased when the giver of a Power of Attorney died.
Two children of the deceased who had been deliberately kept in the dark by their Brother applied to VCAT for an order that all account statements and accounting be produced by the attorney up until the date of death.
VCAT found that it had power to make such an order for the period up until the date of death of the protected person / donor of the power of attorney, and it did so.
