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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
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