QLD Public Trust of Queensland

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Frankee16

Member
26 February 2020
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1
Can The Public Trustee of Queensland enquire as to how funds were spent from a persons account (person was being cared for at that time) prior to the Public Trustee taking over the persons financial matters.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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That's a function of the Office of the Public Guardian. They investigate claims an attorney has acted improperly: Home

If it's not a 'power of attorney' relationship, what was the relationship that allowed access to the funds?
 

Frankee16

Member
26 February 2020
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0
1
Thank you for replying. There was no Power of Attorney involved. It was a sister (who was a nominated carer) caring for the person who accessed the funds for day to day living. Are they allowed to know what the funds were spent on prior to them taking over? Can be accounted for but is it their right to know?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Can they enquire? Most likely yes.
Can they require that information? Not directly. If it's a condition of taking care, they can refuse to take over (but I think this is unlikely).

More likely than not I would think they're simply making sure everything is above board and, if not, will look to refer the matter to the Office of the Public Guardian. I would think the Public Trustee has a remit to look out for instances of financial abuse, and a situation where there is not a formal power of attorney in place is a warning sign.
 

Frankee16

Member
26 February 2020
3
0
1
Thank you very much for your reply Rob, we were just confused as to why they need to know this info when they had no interest back then. The said person has not been with the carer since 2017 as they were placed in a home, that’s when the Public Trustee took over affairs. So they want info on different withdrawal of funds from 2011 to 2017. There definitely was no financial abuse, we just didn’t think it was they’re business. All good, thank you again for your time in replying.