Improper behaviour by an attorney

It is very important that an attorney understands their roles and responsibilities under the Powers of Attorney Act 1998 to enable them to make decisions in your best interests.

There have been cases where attorneys have abused their powers by spending assets unwisely or selling the family home inappropriately, however they are a minority. In such cases the power of attorney can be revoked.

If you can still make decisions for yourself and wish to remove your attorney from power, fill out a revocation of enduring power of attorney form (PDF file 60.1 KB) so the person can longer act for you.

If you are unable to make your own decisions, the Adult Guardian has investigative powers which allow them to investigate an attorney’s actions where there is a complaint of neglect, exploitation or abuse.

If necessary, the attorney's power can be suspended, and an application made to the Queensland Civil and Administrative Tribunal (QCAT) appointing someone else as your guardian or administrator.

If someone acting in your best interests believes that your attorney is not making appropriate decisions for you, they can apply directly to the QCAT for an order appointing a guardian or administrator.