What we do
At Burke & Associates Lawyers, we take a straightforward approach to legal problems. We are dedicated to finding the most appropriate, timely and cost-effective solutions for our clients.
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:
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.
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 firstname.lastname@example.org.
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:
Find out more about our lawyers who practice in Administration matters: