DXX (Emergency Suspend EPA and Administration)
[2015] TASGAB 13
•17 June 2015
GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART
DXX – Emergency suspension of an enduring power of attorney and appointment of an emergency administrator
DXX (Emergency Suspend EPA and Administration) [2015] TASGAB 13
REASONS FOR DECISION
Anita Smith (President)
Date of decision: 17 June 2015
Enduring powers of attorney – suspension and emergency order – continuation of order after first emergency order expired – investigations continuing – conflict issues still unresolved
Powers of Attorney Act 2000 s. 33(4)
Guardianship and Administration Act 1995 s. 65(2) and 65(4)(a)
On 30 April 2015 the Board received an application from Advocacy Tasmania Inc. in relation to DXX (the donor) who executed an enduring power of attorney appointing DN as his attorney.
On 15 May 2015, the Board made an emergency administration order and suspended the enduring power of attorney PAXXXX for reasons set out in a statement of reasons which were delivered on 5 June 2015.
In May 2015 there was a concern that the represented person’s property may be transferred imminently, and possibly below valuation, to his attorney. There was also concern that the same solicitor was acting for the attorney and the donor in relation to that transaction. The donor’s nursing home fees are $25,000 in arrears.
On 25 May 2015, the Board received a letter from the solicitor, acting on behalf of the donor, disputing most aspects of the application and the need for an order in the circumstances. The Board also received a letter from the attorney in response to some requests by the Board’s investigator made 15 May 2015. Although that response answered some of the investigator’s questions, some material issues had not been properly addressed by the attorney.
In accordance with the terms of the order, the Board received a report from the Public Trustee dated 16 June 2015 in relation to the donor’s estate. That report recorded the financial transactions in relation to the payment of the donor’s Aged Care bond and noted that $25,000 was still outstanding. The reporter was also of the opinion that not all of the donor’s accounts had been disclosed. The Public Trustee’s investigations had not been completed and it was awaiting further information from financial institutions. The reported recommended the extension of the emergency arrangements until the matter could be determined at hearing.
The investigations by the Board’s investigator and the Public Trustee were continuing. Neither the solicitor not the attorney had provided a copy of the agreement for sale of the donor’s property to either agency. Until investigations are complete, the Board cannot be assured that the perceived risks which lead to the making of the first emergency order have been abated.
The Board considers it appropriate to continue to suspend the operation of the enduring power of attorney pursuant to section 33(4) of the Powers of Attorney Act 2000 and appoint the Public Trustee as administrator pursuant to section 65(2) and 65(4)(a) of the Guardianship and Administration Act 1995.
Anita Smith
PRESIDENT
Statement of reasons delivered 17 September 2015
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