By Darryl Browne -
Key decisions
- Sandra (a pseudonym) [2025] NSWCATGD 13, CT v JT [2025] NSWSC 1304, ADU [2025] QCAT 385 and Dunn v Perpetual Trustee Company Ltd [2025] VSC 799 (power of attorney)
- Maker v Mangar [2025] WASC 445 (appropriation)
- Causes of death
- Herbert (deceased), Re [2025] QSC 315, The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335 and Crown v Holt (No 2) [2025] WASC 522 (executor)
Elder financial abuse by attorney
In 2023, Sandra appointed her daughter, Liza, and her son, Victor, as her enduring attorneys jointly and severally. In the same year, she was diagnosed with Alzheimer’s dementia. In 2025, Victor sought a review of the enduring power of attorney (‘EPoA’), alleging that, whilst acting as Sandra’s attorney, Liza used their parents’ money for her own purposes. Liza admitted using $87,000 of her mother’s money towards the cost of renovating her home but said that occurred with Victor’s agreement.
Citing authority for each proposition, the NSW Civil and Administrative Tribunal stated in Sandra (a pseudonym) [2025] NSWCATGD 13 (at [24]):
- an attorney owes the obligations of a fiduciary to the person who appoints them as attorney;
- a foundational duty of a fiduciary is to act in the interests of a beneficiary or principal, in good faith;
- as a fiduciary, an attorney must avoid a conflict, or sensible possibility of conflict, between their personal interests and their duty to the principal; and
- an attorney is not entitled to make a gift of the principal’s estate to themself or to others.
