QLD Power of Attorney Revocation

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TerrySol

Member
28 January 2024
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I was wondering if another POA can revoke another POA without the principal being involved? My sister & I are both POA over my mother however my sister is abusing her "power" if you will & does not have my mothers best interest in her latest decision making.
 

Tim W

Lawyer
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28 April 2014
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  1. Short answer is "no".
    As a starting thing, only the donor, or a court (or in Queensland, QCAT), can revoke a Power Of Attorney.
    If the donor has actually lost capacity since the power came into effect,
    well, that's when it becomes complex, and, yes, potentially expensive,
    to fight about.

  2. Much can depend on how the appointments are structured.
    For example, it might be that you both need to agree before an act is done (Joint Power), or
    either of you can do anything, without reference to the other ("Joint and Several Power"), or,
    one of you can do only some things, and the other can do only other things ("Limited Power").

  3. Abusing her power in what way?

QCAT has some useful material here.
 

TerrySol

Member
28 January 2024
3
0
1
My sister is being over-powering to my mother by making decisions for her but not for her benefit such as my sister has recently approved for a solar system to be installed on my mother's house, my mother does not need this solar system & has told me that my sister didn't ask as such but basically made this decision on her own accord. This system cost $12k, my mother's power bill is around $100 per month & she pays them off so basically when it arrives it's already paid in full. This is just 1 example of what my sister is doing. My mother has full capacity but like all mothers doesn't want to take sides. My sister is refusing to show me any documents relating to any purchase or any document for that matter & I know that she is being influenced by other outside family members.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,942
820
2,894
Sydney
You'll need case specific legal advice.