Episode 13: Power Of Attorney Disputes

Max discusses the potential consequences of not appointing one's own power of attorney, highlighting the difficulty of removing someone once they are in the role. Tony Skinner inquires about the possibility of appointing multiple attorneys, prompting a discussion on the pros and cons of joint and successive appointments. Appointing Multiple Attorneys and Their Operational Considerations Max explains the considerations when appointing multiple attorneys, including whether they should act together or successively. He emphasizes the importance of appointing a successor in case both primary attorneys lose capacity simultaneously. Max discusses the need for clear communication among multiple attorneys, especially if they are family members who may not get along. Tony Skinner asks if appointing a solicitor as power of attorney is advisable, to which Max responds negatively due to the cost and the preference for family or friends. Conflicts Between Attorneys and Resolution Mechanisms Max addresses the common issue of disputes between siblings when one is appointed as the attorney and the other is not, leading to concerns about the attorney's actions. He outlines the process of resolving disputes by applying to the State Tribunal, which can intervene and potentially appoint a public trustee. Max explains that the Tribunal can review the attorney's actions, including financial accounts, and may decide to remove the attorney if necessary. Tony Skinner contrasts this with a high-profile case involving different lawyers and financial disputes, noting the public interest in such cases. Final Thoughts and Wrap-Up Max reiterates the importance of choosing trustworthy attorneys to avoid disputes and emphasizes the attorney's duty to act in the principal's best interests. He advises seeking legal advice if concerned about an attorney's actions and applying to the Tribunal for intervention if necessary. Tony Skinner thanks Max for the discussion and asks for a quick wrap-up. Max concludes by reiterating the importance of the power of attorney document and the need for careful consideration in its appointment to avoid future disputes.