This is a question for persons living in queensland. Is there a process for auditing monies spent by a person who held power of attorney for a person who is now deceased? And if so, how far back is the person held accountable and is there a statute of limitation on when those investigations or audit can be instigated? What is required to start those proceedings?
good afternoon. This link will give you some information which is helpful.
http://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/guardianship-information#Can a complaint be made about a guardian?
You commence your complaint by making a complaint to the Adult Guardian who will investigate. The QCAT can hear the matter to decide if the guardian should be removed if there is wrong doing. Police can also investigate as it is a criminal offence to do wrong as the attorney. There is no limitation period. Obviously your complaint will have more weight if you clearly state the grounds for believing there has been wrong doing.
I trust this has been helpful, please advise further query or accept my answer.
Thank you, I would like to know how far the administration of the estate has progressed.
I ask this as the Adult Guardian can only deal with alive persons.\ The appropriate action to take will depend on where the estate is now at.
Please advise your relationship with the deceased - brother, uncle etc
If you are concerned the uncle will act wrongly, then you should act now. The reason is that the longer he is in control the worse things will become. IF you believe that someone else should be the executor, then that should be put to the uncle and give him a deadline. If your case is strong and he refuses, then you could apply to the court for his removal. Otherwise, by virtur of the will, the uncle will remain in control.
Please advise if you have any further query, or kindly accept my answer.
The uncle should advise your father. If you have other proof of his incompetence, then you may consider bringing an application as discussed. HOwever, engaging a lawyer is urged.
Your father should know the assets, as he is a beneficiary. You mentioned earlier some impropriety on the part of the executor. If you could prove this, it will make the case stronger for removal.
Yes as executor you are entitled to know the assets. If by your second question you mean how long until a court will hear the case, you need to be aware that to a large extent this depends on how quickly you can act. It is possible the court could decide your application in Chambers, which means it would be heard very quickly, or if it has to be heard as a trial, it could take years. However, you could apply for orders to safeguard the assets in the meantime. Thank you.
almost 25 years' experience in the law
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