What if I do not have an Enduring Power of Attorney?

If you have not made an Enduring Power of Attorney while you have legal capacity, your relatives may not be able to handle your affairs informally. In this case, generally the South Australian Civil and Administrative Tribunal (SACAT) may appoint an administrator to deal with your finance and property-related issues. The nominated one should be the Public Trustee, a trustee company or individuals such as a family member or friend, an accountant or lawyer. An administrator has similar powers to someone acting under a power of attorney, but he or she is supervised by SACAT.

In deciding who should be appointed, the Tribunal must consider:

  • the wishes of the person with the legal incapacity, both past and future, if these wishes can be established by some supporting information
  • whether there are any family arrangements or relationships that should not be disturbed
  • the compatibility of the proposed administrator with the person whose affairs they are to manage
  • whether the proposed administrator would be readily available and competent to perform the role
  • whether there would be any conflict of interest arising from the appointment.

Often, the Public Trustee is appointed as the administrator, and a friend or relative is appointed as a liaison person. These Administrator Orders are made for the sake of protecting the persons and their property.

Enduring Power of Attorney
Share on facebook
Share on linkedin

Related Articles

Tips for buying land to build new home, What to know when buying land, land for sale

Tips for buying land to build a new home

Our professional team has gathered the following valuable tips which might be available to avoid possible discouraging sentiments when you have intention of having a built house in the country.

Probate, Will, Living Trust, Estate Planning

How to avoid probate?

It is possible to avoid probate entirely. In this article, discover some common approaches often carried out to enable asset distribution without probate process.

Advance Care Directive

What is an Advance Care Directive?

An Advance Care Directive (ACD) is a legal document that allows people who can make decisions on their behalf during unlikely periods when they are critically ill, unable to speak for themselves, lose full decision making capacity regarding health, residential, lifestyle and personal matters.

Will Maker, Estate Planning, Will Preparation, Beneficiaries, Heir

What is Estate Planning?

Estate Planning is regarded as an advanced arrangement of how all properties and investments are mange when someone passes away. This process is essential to avoid possible disputes and arguments in regard to these assets.

Follow us

Let Our Experience Be Your Guide 

Get Your First Consultation Now

Legal Insight

Bankruptcy. Commercial Law
What can I keep and lose if I’m bankrupt?

When you are declared of bankruptcy, you have to accept that you will lose your assets to pay for debts. However, to enable your ability to go forward with your life, there remains some items you can keep to afford basic living demands.

Subscribe to our newsletter

Save time

Book Appointment

Whether you want to book an appointment or get enquire, just go from here.


Go online and self-book to join your appointment by remote video or phone call.

We can help

Scroll to Top

Request a call back now