For many years now it has been possible in Victoria for an Administrator to be appointed to deal with the financial affairs of a person suffering a disability.
For much longer, it has also been possible for someone, whilst still fully capable, to appoint one or more other people as attorneys under an Enduring Power of Attorney which continues to have effect after the person ceases to have capacity.
But commonly circumstances arise where the person chosen as attorney is not available, does not agree to act or is found to be acting against the best interest of the person suffering a disability. In such circumstances the law can step in, remove the attorney and arrange for the appointment of an Administrator.
Under the legislation, an Administrator must make decisions that:
- Are in the best interests of the Represented Person;
- Take into account the Represented Person’s wishes and give effect to those wishes wherever possible;
- Are least restrictive of the person’s freedom of decision and action as possible in the circumstances.
Significantly, an Administrator is required to encourage and support the Represented Person to make his or her own decisions, wherever that is practical. As you would expect, an Administrator must avoid conflicts of interest.
The Burke & Associates Lawyers Team
On a number of occasions over the last decade Anthony Burke has been appointed by the Victorian Civil and Administrative Tribunal (“VCAT”) as the Administrator for persons suffering a disability. More recently our director Marion Todd has been appointed as a co-Administrator. Our designated Administration Team assists the Administrator in the management of the financial affairs of Represented Persons in a timely and personalised manner.
Generally, our involvement occurs in circumstances where there is some degree of disharmony within a family or an extended family group and there has been a pressing need for decisions to be made about financial and property matters.
In each such instance, Anthony Burke and Marion Todd have been nominated to VCAT as appropriate appointees by other members of the legal profession, including barristers who practice in this area of law at the Victorian Bar. It is a testament to Anthony Burke and Marion Todd’s standing in the legal profession that they are so nominated by other lawyers and recognised by an independent tribunal, namely VCAT, as appropriate and independent appointees.
Our Administration Team invites enquiries in relation to possible appointments. We also offer families and interested parties a no-obligation meeting with Anthony Burke and Marion Todd to see if they and our Administration Team are the right fit for the role.
In considering the involvement of Anthony Burke, Marion Todd and the Burke & Associates Lawyers Administration Team, please note our preference is to be involved in the more challenging and complex matters, rather than more routine “pay the bills” administrations, where a trustee company is perhaps more suitable.
To find out more about the Burke & Associates Lawyers Administration Team or to arrange a no-obligation meeting with Anthony Burke and Marion Todd regarding a possible appointment, please either phone us on (03) 9822 8588 or send an email enquiry to email@example.com.
Our Service Offering
In the appointments to date, Anthony Burke, Marion Todd and the Burke & Associates Lawyers Administration Team has had cause to deal with some challenging issues, including:
- Managing a property and investment portfolio valued at close to $100,000,000.00;
- Taking steps to evict tenants from investment properties and arranging the letting of others;
- Conducting investigations of the past financial conduct of a discharged attorney;
- Extensive property insurance reviews;
- Negotiating care arrangements in consultation with officers of the Office of the Public Advocate;
- Coordinating the appointment of various contractors to enable continued independent living;
- Dealing with conflicted family members;
- Establishing streamlined financial management arrangements so as to make it possible for administration to be passed back to family members after an initial transition and consolidation period;
- Investigating and pursuing disability insurance claims;
- Commencing property proceedings under the Family Law Act when it became necessary to separate the Represented Person’s property from that of the spouse, even though the marriage was otherwise intact;
- Arranging the sale of a valuable collection of vintage racing motor vehicles; and
- Managing multiple family entities including companies, trusts and joint ventures.
Our Administration Team
Find out more about our lawyers who practice in Administration matters: