QLD Power of Attorney Expectations

[Jac Rough]

I was Enduring Power of Attorney for my Mum who recently died. A nasty sibling is demanding to see financial records back nearly twenty years, even though I was only EPOA for last five years. I have helped Mum with her accounts for twenty years and she was of sound mind till a few years ago. Does anyone have the right to ask for these things?

 

[Rob Legat - SBPL]

No, but the executor of the will likely has the right to do so, and the public guardian can have them audited. You must have kept records of any transaction done under the power of attorney. Prior to that, they’re not your records.

 

[Jac Rough]

No, but the executor of the will likely has the right to do so, and the public guardian can have them audited. You must have kept records of any transaction done under the power of attorney. Prior to that, they’re not your records.

Thanks Rob, yes I have all records re EPOA so no problem there. So you mean the executor can view and the public guardian can audit Mum's account? That's ok too as they are her records, not mine. Guess that sort of thing would drain the estate.

 

[Rob Legat - SBPL]

No, I'm referring to your records of acting as an attorney. That could be more than just your mother's bank account transactions.