The push comes as new laws take effect in Queensland from November 30 that says a person cannot be appointed as your enduring power of attorney if they have been a paid carer for you within the past three years.
Besides Queensland, Victoria is the only other state with laws that prohibit a paid carer from being appointed as your enduring power of attorney, but the Victorian rule only applies to current paid carers.
An enduring power of attorney is a legal document in which a person appoints someone to make important financial and personal decisions on their behalf. The power continues if and when the person is unable to make decisions on their own.
Andrew Simpson, national head of will disputes at Maurice Blackburn, said there was considerable trust invested in an enduring power of attorney, and any breach of that trust could have significant consequences.
“A power of attorney is one of the most important documents you’ll ever make. If you lose capacity, that person will potentially have complete control over all decisions relating to you and your affairs.
“Giving a paid carer power over the affairs of the vulnerable person they are paid to look after is in our view a dangerous blurring of professional and personal lines that increases the risk of financial abuse.
“We know there have been cases where a paid carer holding a person’s power of attorney has misused that power for their own benefit, such as taking money, transferring assets and incurring debt.
“We acknowledge the vast majority of paid carers do incredible work in looking after older and more vulnerable people in our community. But unfortunately there will always be some who will exploit that position of trust for personal gain.
“We welcome Queensland’s move to tighten restrictions around the use of paid carers as powers of attorney, and we call on all states and territories to follow Queensland and Victoria’s lead to help protect our elderly from abuse.”
Mr Simpson said if a person did not have any family or close friends they trusted to be a power of attorney, they could appoint an independent public trustee company in that role.
Chee Chee Leung on 0412 560 584 or cleung@mauriceblackburn.com.au
Our media team advises and supports Maurice Blackburn lawyers and clients during all forms of media engagement, including video and television appearances, radio, online and print media.
Please direct media inquiries to media@mauriceblackburn.com.au, or contact team members directly via the phone numbers below.
National Manager Public Affairs, Media and communications
General Manager Public Affairs, Media and communications
We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on.
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.