NSW Power of Attorney Changes

[langley.p]

Elderly widowed aunt in NSW. POA to my father since 1999 - her brother. Married couple she has never met and lived in their cousin's "near to her house" shed, move in on minimal rent.

14 months later, she changes her POA to them. I fully understand that this is her choice legally.

She has since passed away.

Should her solicitor (of 15+ years) have gone through some sort of "legal checklist" to ascertain who the new recipients were and any background details ? From an affidavit from him regarding my aunty's change of POA, he hadn't met them previously, was introduced to him as "Jack & Jill", and she then went into his office and she signed the documents.

I would have thought there would have been some sort of "safety net" or "acting in her best interests" clause to prevent "unknown" people obtaining such binding and monetary documents ????

Thanking you.

Phil

 

[Rob Legat - SBPL]

This answer is based on the situation in Queensland, but I doubt it's any different in NSW:

No. So long as the donor (your aunt) had sufficient capacity to make the power of attorney, and was not under duress or undue influence at the time, then the solicitor is not required to inquire into who the donees are - apart from possibly satisfying himself they are who they say they are.

 

[langley.p]

This answer is based on the situation in Queensland, but I doubt it's any different in NSW:

No. So long as the donor (your aunt) had sufficient capacity to make the power of attorney, and was not under duress or undue influence at the time, then the solicitor is not required to inquire into who the donees are - apart from possibly satisfying himself they are who they say they are.

 

[langley.p]

Thanks RL. And to "satisfy himself" ? For example, driver's license, some form of identification ? Not just my aunty introducing them to the solicitor as "this is Jack and this is Jill" ?
Much appreciated.
Phil

 

[Rob Legat - SBPL]

There's no clear requirements or guidelines that I can see. It would be up to the individual lawyer, depending on the circumstances. If your aunt introduced them, that might be sufficient. If they came in on their own separately, sighting ID may be used.