QLD Power of attorney question

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Barto

Active Member
28 June 2020
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Can a registered power or attorney be written to benefit the attorney.
My partner was tricked into signing a power of attorney in 2007 with her then husband. With the form the ex husband wrote under the terms that he had the right to sell land and receive the funds for himself.
I read that attorneys should acton behalf of the principal and the attorney should not get a financial benefit .
 

Atticus

Well-Known Member
6 February 2019
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With the form the ex husband wrote under the terms that he had the right to sell land and receive the funds for himself.
On the face of it, it appears to be a conflict transaction ...

(2) A
"conflict transaction" is a transaction in which there may be conflict, or which results in conflict, between—
(a) the duty of an attorney towards the principal; and

(b) either—

(i) the interests of the attorney, or a relation, business associate or another duty of the attorney. close friend of the attorney; or

(ii) another duty of the attorney.

SOURCE >>>> POWERS OF ATTORNEY ACT 1998 - SECT 73 Avoid conflict transaction
 

Barto

Active Member
28 June 2020
5
0
31
So if it is a conflict can it be fought in court.
My partner sold the land for herself without revoking the power to attorney and he’s suing.
the land was overseas but she bought the money into Australia
 

Atticus

Well-Known Member
6 February 2019
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Sorry, don't know .... Obviously the conflict would have to be established first though

There are lawyers on here that practice in Qld that may be able to give you some insight if you check in occasionally