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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44889
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Enduring power of attorney 3 attorneys appointed to act

Customer Question

enduring power of attorney 3 attorneys appointed to act jointly. one attorney takes property of principal with permission of 2nd attorney bujt not 3rd who was not consulgted. consequences for attorney who has taken properthy?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: nsw ePoA has been registered
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Australia Law
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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Do the POAs have to all agree on any course of action or are they able to act independently?

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What was done with the property that was taken?

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Who is objecting to what the 1st and 2nd did? the principle? the 3rd?

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thanks

Barrister

Customer: replied 5 months ago.
PoAs all 3 must agree
property was taken to house of attorney who took the property
the 3rd attyorney - me -the unconsulted one
Expert:  barristerinky replied 5 months ago.

Ok, then your recourse here is to notify the principle about what occurred and let them make a decision about what to do about it. Only the grantor of a POA or a judge can remove someone if they are violating their duties as POA.

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If the grantor is legally incompetent, then their legal guardian would be the one to decide what to do and whether or not to take any action, like revoking the POA for the two who didn't follow the rules.

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thanks

Barrister

Expert:  barristerinky replied 5 months ago.

I unfortunately just noticed this was an Australian law question... So ignore everything I said as I am US based... I will opt out and see if I can transfer over to the Australian law category..

Expert:  Leon replied 5 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

The POA give you all the right to deal with the finances of the person giving the attorney.

If the POA allows you to act severally, independent of each other you can each act without the others consent. If it only allows you to act jointly then you have to act together and acting without all 3 agreeing is a breach.

So you have to look at the POA and see what it says.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon