Elder Abuse, Guardianship and Administration

Enduring Powers of Attorney and Supported Decision-Making

Helping when your loved one can no longer make decisions for themselves.

When a loved one has decision-making incapacity…

This can be an uncertain time, where a person needs support for decisions affecting their lives.

If they have an Enduring Power of Attorney (EPOA) – An attorney for personal/health and financial matters has important responsibilities to your loved one and must follow the General Principles when decision-making. We can help with advice.

Sometimes an attorney does the wrong thing causing loss to a loved one. If your loved one has suffered loss, we can help with advice and recovery.

If they do not have an EPOA, but are not able to make decisions – Your loved one may need support with decision-making or have decisions made for them for their financial matters or their personal/health matters. In that instance, they may need to have an Administrator or Guardian appointed. This process occurs through the Queensland Civil and Administrative Tribunal (QCAT). We can help with advice on Guardianship and Administration and on applications to QCAT.

Contested QCAT matters can arise when there is a dispute over decisions related to guardianship, administration, or capacity, requiring the Tribunal to determine the most appropriate outcome based on evidence and the adult’s best interests. We can assist with resolving that dispute.

Zinta Harris

Protecting your loved ones

and guiding you through challenging times.

When a loved one is vulnerable and unable to make decisions for themselves, you may feel uncertain about how to ensure their safety, dignity, and rights are upheld. At Resolve Estate Law, we provide expert support to help you navigate matters involving elder abuse, Enduring Powers of Attorney (EPOA), and Guardianship and Administration applications.

Understanding Elder Abuse

Elder abuse can take many forms, including financial exploitation, neglect, and emotional manipulation. Sadly, it often occurs within families or caregiving relationships.
Common Warning Signs of Elder Abuse
  • Sudden or unexplained changes in finances, including large withdrawals or altered account ownership.
  • Isolation from friends and family, often orchestrated by someone in a position of trust.
  • Unpaid bills or nursing home fees despite adequate financial resources.
  • Visible signs of neglect, malnourishment, or poor hygiene.
How we can help
  • Assisting with investigations into suspected financial elder abuse.
  • Providing legal advice to recover lost assets or funds.
  • Supporting adults, attorneys, administrators, or estate executors in addressing prior misconduct by others.
Zinta Harris - Estate Administration Law

Compassionate Guidance

when your loved one can no longer make decisions for themselves

Supporting a loved one through decision-making incapacity can be a deeply emotional and uncertain time. The next steps to take will depend on whether or not your loved one has (or does not have) an Enduring Power of Attorney (EPOA).

If they HAVE an Enduring Power of Attorney (EPOA)

An Enduring Power of Attorney enables a trusted individual (the attorney) to make decisions for your loved one when they can no longer do so. However, this authority comes with significant responsibilities. Attorneys must adhere to the General Principles when supporting the adult to make decisions or exercising their power to make decisions for the adult.

What Are the General Principles?

A link to the General Principles can be found here but below is a summary.
 

  1. Presumption of Capacity: Every adult is presumed to have decision-making capacity unless proven otherwise, with capacity being decision-specific and time-sensitive.
  2. Equal Human Rights: All adults, regardless of capacity, have the same human rights, including dignity, autonomy, non-discrimination, and full participation in society.
  3. Empowerment and Support: Adults should be supported to exercise their rights, engage in community life, and develop their full potential.
  4. Maintaining Supportive Relationships: The role of family, friends, and carers in assisting an adult’s decision-making should be respected and maintained.
  5. Respect for Culture and Beliefs: An adult’s cultural background, language, values, and religious beliefs must be recognised and upheld, particularly for Aboriginal and Torres Strait Islander peoples.
  • 6. Right to Privacy: An adult’s personal and health information must be protected, ensuring their privacy is respected.
  • 7. Liberty and Security: All adults have the right to liberty and should not be deprived of it unless legally authorised.
  • 8. Participation in Decision-Making: Adults must be given the opportunity and support to participate in decisions affecting their life, with their views and preferences considered.
  • 9. Least Restrictive Approach: Any function or power exercised under guardianship laws must prioritise safeguarding an adult’s rights while being the least restrictive option.
  • 10. Structured Decision-Making: Decisions under guardianship laws should follow a clear process that ensures compliance with the least restrictive and most rights-respecting approach.

How we can help:

  1. Advising attorneys on their legal obligations under Queensland law.
  2. Investigating instances where an attorney may have acted improperly, causing financial loss.
  3. Assisting with recovery if your loved one has suffered loss due to misuse of an EPOA.
A holistic approach

If they do NOT HAVE an Enduring Power of Attorney (EPOA)

If your loved one has not made an EPOA and cannot make decisions, formal appointments may be necessary through the Queensland Civil and Administrative Tribunal (QCAT). Sometimes these applications can be made with support from all family members involved, but sometimes these applications are contested, straining family relationships and delaying critical decisions.

How we can help:

  1. Advising families on Guardianship and Administration matters and where possible helping families resolve disputes over decision-making, EPOAs or the appointment of Guardians and Administrators.
  2. Assisting with QCAT applications for the appointment of Guardians (for personal and health matters) or Administrators (for financial matters).
  3. Representing you at QCAT hearings to advocate for you or your loved one.

Why choose Resolve Estate Law

With extensive experience in succession law and matters involving adults with decision-making incapacity, we understand the unique complexities these situations present. Our compassionate approach ensures families feel supported while making important decisions for their loved ones.

Our team, including Senior Associate Stephanie Duggan, has a proven track record of assisting families in navigating contested QCAT matters, QCAT Guardianship and Administration applications, and related legal processes.

phoneContact us on (07) 3371 0795

Learn More About These Issues

Explore our blogs for deeper insights:
Re-imagining your future after loss of a loved one
What to Do if You Suspect Elder Abuse
What to do when someone dies
Navigating QCAT: Guardianship and Administration

You can also find more about Queensland’s Powers of Attorney laws by visiting:
Queensland Government Powers of Attorney Resources
Office of the Public Guardian

Get in touch now

If you need assistance with Enduring Powers of Attorney advice, Elder Abuse, or Guardianship and Administration matters, we’re here to help.

Call us today. Fill out the contact form below to arrange your 15-minute complimentary Clarity Call with one of our team members. Together, we’ll help you find clarity and peace of mind in supporting your loved one.

phone (07) 3371 0795

Pin It on Pinterest