Copy of FAQ - LSCSA7

Frequently Asked Questions

1. What is the difference between a Will and an Enduring Power of Attorney?

2. What decisions can an Attorney make on my behalf?

3. Can my Attorney charge for their services?

4. I have already appointed an Attorney, do I also need to appoint a Substitute Decision-Maker and why?

5. What happens if my Attorney or Substitute Decision-Maker dies?

6. If I move interstate will my Enduring Power of Attorney and Advance Care
Directive still apply?

7. What can I do if I discover that my appointed Attorney had taken my money
without my consent?

ANSWER:

Depending on the circumstance, your Attorney may have committed a criminal offence like “theft” and you would be able to report the incident to the police to pursue.

You may also may be able to make a civil claim to seek an order that your Attorney repay to you money taken by them. You will likely need the assistance of a solicitor to pursue this course of action so you need to make allowance that it would cost money to pursue this matter in court.

You can call the Legal Helpline on 1300 366 424 for general legal advice from Mon-Fri 9.00am-4.30pm.