In circumstances where the person who has been appointed as the Attorney, winds up abusing the powers and uses the Attorney document to make payments which are considered, to be of no benefit for the Principal, what can be done?
The first question is who has the right to complain and second where exactly is that complaint lodged.
As for where the complaint is lodged, it is lodged with the Queensland Civil Administration Tribunal, or (“QCAT”) for short. Alternatively, in more serious circumstances, the complaint can be lodged with the Supreme Court.
The persons who have the right to raise the questions are:
- The maker of the Enduring Power of Attorney - “the Principal”;
- A member of the maker’s family. (This includes the spouse, any of the children who are over the age of 18 years including step-children or adopted children, the maker’s parents including step-parents and if none of the above, the maker’s siblings who are 18 years or ...