What are your thoughts on how the law can be improved to better protect both those vulnerable and their appointed attorney?

We want your views on how the law in South Australia can be improved to better protect both those vulnerable and their appointed attorney.

We are particularly interested in your personal experiences with the laws in this area but don't need or want any information that could identify individuals, so please be general when giving examples.

To help you understand the different areas included with POAs, we have created a number of fact sheets to help, which also include a number of discussion questions to guide the conversation.

Leave your comment below.

Leave a comment

Zack Jackman

05 Aug 2020

Would be good to have a mechanism by which the principal's bank statements are disclosed to a central register (like associations to CBS) once every financial year, just to ensure transparency, that the attorney is doing the right thing. It also protects the attorney from any accusations of wrongdoing. Family members would have to be closely related to access these disclosed documents, keep a tight reign on it.

Log in to reply

Log in now to comment

Don't have an account? Register here.

Dianne Darley

17 Jul 2020

I was on mothers enduring power of attorney. My brother got a lawyer to get me off by getting mother to sign a note to take me off even though my mother had dementia. He then got her to sign three farms over to him which he then sold. They also put her in a home 3 hours from closest family so the rest of family couldnt see her very often. I think the laws have to change. I have spoken to numerous people who have been victims of this type of abuse and the laws have to change

Log in to reply

Log in now to comment

Don't have an account? Register here.

Valerie Chilman

13 Jun 2020

Recently my aunt died. She has no children of her own. She left her entire estate to her sister (my mother). Originally my mother was also executor of my aunt’s will. Several years ago, due to mother being diagnosed with dementia, my sister and I, in collaboration with my aunt, became my aunts POAs. We also are POAs for my mother. We were given to understand that we could act as executors of my aunt’s will because of the existing POAs. When we arranged for my aunt’s will to be probated we were informed that we were unable to carry out this function. We were told we had to apply to the Supreme Court to get permission to be able to act as executors, with no guarantee of success and at a considerable cost. We had to make the difficult decision to leave my aunt’s will unprobated until such time as our mother passes away and then, because we are executors of mum’s will, we can reapply to probate my aunt’s will. We were told this situation arose because probate issues are dealt with on- line. My aunt’s will is not complex and there is no one contesting the will and its contents. My sister and I strongly feel that this area of
POAs needs to be reviewed so that others do not find themselves in this unsatisfactory situation.

Log in to reply

Log in now to comment

Don't have an account? Register here.

Don Grinsted

11 Jun 2020

Having wasted $2700 trying to get an instrument on our land title and finishing up with a useless will, I would like to see laws on land title that could direct asset distribution according to the tenants in common wishes. For example: after two divorces, my Only son is in great peril of getting nothing in the event of my death. I very much doubt he would get anything from his mothers death given that rocky relationship. I would like an instrument on our land title that could leave my half of the property transferred direct to my Son regardless of wills etc. At the moment I can see no way to protect that situation using a will that is so wide open to litigation from any disgruntled member of the family.

Log in to reply

Log in now to comment

Don't have an account? Register here.

Eileen Goodall

10 Jun 2020

I would just like to be able to have my Dad's bank statements to be sent out to all siblings. POA is in financial difficulty because of Covid19. Have asked to see statements but requests are being ignored.

Log in to reply

Log in now to comment

Don't have an account? Register here.