Disability Legal Workgroup
The Disability Legal Workgroup provides legal services to The Public Trustee in his role as:
- Administrator for financial matters under the Guardianship and Administration Act 2000 by way of an appointment pursuant to a Court Order or an Order of the Queensland Civil and Administrative Tribunal (QCAT)
- Attorney pursuant to an Enduring Power of Attorney, or a suspension notice under sections 195 and 196 of the Guardianship and Administration Act 2000, or by a court order
- Litigation guardian for a minor or an adult, where the Public Trustee has consented to act as litigation guardian under section 27 of the Public Trustee Act 1978.
Persons under a legal disability require a litigation guardian if proceedings are to be brought or defended in the courts. For matters that are not the subject of court proceedings, an administrator or attorney has power to act in legal matters including compromising claims. Where the provisions of Section 59 Public Trustee Act 1978 apply to the compromise, it will have to be sanctioned by the court or The Public Trustee for the compromise to be enforceable.
Due of the nature of the client base, the Disability Legal Workgroup is called upon to provide advice in relation to many areas of the law including property settlements, family provisions claims, debt recovery, personal injuries, disability law, and constructive trust claims. This workgroup sees many claims that arise due to the misappropriation of the adult's funds often by family members, or friends or persons in the adult's support network. The Lawyers within this workgroup regularly attend at mediations and appear at QCAT hearings and appearing before the District and Supreme Court.
Each member of the workgroup possesses a broad legal skill set which enables them to deal with the diverse breadth of legal issues faced by The Public Trustee in his various capacities. The rights, values and interests of persons with a disability are the core consideration of the advices and recommendations provided to The Public Trustee.
Deceased Estates Legal Workgroup
The Deceased Estates Legal Work Group delivers legal services to The Public Trustee and his clients, focussing on the law of succession.
Succession law matters impacting on estates administered by The Public Trustee include:
- Family provision applications under Part 4 of the Succession Act 1981 whereby a person (such as the deceased's spouse, child or dependent) seeks further and better provision from the estate of the deceased
- Contested probate proceedings whereby the capacity of the deceased to have made the will is challenged
- Construction and interpretation of Wills
- Advising about entitlements of beneficiaries of an estate, including whether a person is a beneficiary on intestacy (where there is no Will).
The team also deals with other types of law affecting estates administered by The Public Trustee:
- Investigating and seeking to recover for the estate monies or property in circumstances where it is alleged a person (such as an attorney) has taken the monies or property
- Claims against the estate
- Litigation affecting the estate.
Wills, Trusts and Disability Legal Workgroup
The Wills, Trusts and Disability Legal Workgroup delivers legal services to The Public Trustee and his clients.
Information and resources
The Wills, Trusts and Disability Legal Workgroup coordinates The Public Trustee's use of sections 61 and 62 of the Public Trustee Act 1978. These sections relate to the execution of Transfers and Releases of Mortgage if certain preconditions exist.
Conveyancing and Corporate Services Workgroup
The Conveyancing and Corporate Services Workgroup delivers legal services to cater for the property and commercial needs of The Public Trustee and select government clients.