Alliance for the Prevention of Elder Abuse
Frequently Asked Questions
1. What happens if I die without a Will? Does it go to the Government?
2. What happens if a person dies suddenly and it is unknown if they have a valid Will?
3. Can I make changes to my Will at any time?
4. What role can Public Trustee play in managing someone’s financial and legal affairs?
5. What does a Financial Administrator do?
6. What does a Manager do?
7. What does an Attorney do?
8. What are the differences and the roles performed by the South Australian Civil and Administrative Tribunal (SACAT), Public Advocate and Public Trustee in protecting vulnerable clients?
9. How can I protect myself from financial abuse?
10. What does Public Trustee charge to manage a customer’s financial
affairs?
ANSWER:
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When Public Trustee accepts the role of attorney, written instructions are taken from you regarding the actions to be taken should you lose the capacity to manage your affairs. These actions can vary from simply storing the document until such time as you or your doctor advises us that it is time to commence the administration of your affairs under the power, by immediately assuming responsibility for the management of all day-to-day finances and assets.
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The more basic services include paying regular accounts such as electricity, chemist, telephone and accommodation fees. More complex matters such as property management, the sale of real estate or management of an investment portfolio can also be undertaken. The level of service can be varied to meet your circumstances and so long as you are medically competent to give instruction, the attorney acts as your agent and must follow your instructions.
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If you lose this competency, Public Trustee as attorney will then act as your Trustee and is charged with making financial decisions for your benefit.