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‘Inappropriate’: Solicitors disappear, ignore power of attorney role
Of the two solicitors appointed enduring power of attorney, one disappeared after he was suspended from practising and the other sent a “remarkable and entirely inappropriate” statement that essentially confirmed he would ignore the role.
Naomi Neilson
With Mark O’Reilly and Mark Lillicrap either missing or no longer willing to act as attorneys, the manager for the aged-care home caring for an 89-year-old woman turned to the Queensland Civil and Administrative Tribunal (QCAT) for a guardian and administrator.
QCAT heard that with both solicitors gone, there were “no current financial arrangements in place” and bills were going unpaid, including fees for the aged-care home and doctor’s expenses.
“In the circumstances of the enduring power of attorney (EPOA) not been effective given that neither O’Reilly nor Lillicrap were standing up to do the job they had agreed to take on, then it would follow that I should formally revoke the EPOA,” member Christopher Taylor said.
The enduring power of attorney was signed in September 2006 and named O’Reilly, his wife, and Lillicrap. O’Reilly’s wife was deceased by the time of the QCAT proceedings this month.
In 2015, O’Reilly was suspended from practising by a QCAT order, having been found to have misappropriated funds while executor of a deceased estate. The manager said attempts to contact O’Reilly were unsuccessful, and he could not be located.
Although Lillicrap’s whereabouts were known and he was made aware of the elderly woman’s circumstances, Taylor said he has “regrettably ... chosen to ignore the fact and not take up the role he agreed to”.
“More concerning though is, notwithstanding he is a solicitor and so officer of the court, the position he has taken is seemingly entirely ignorant of the provisions of the Power of Attorney Act,” Taylor said.
In a letter to the tribunal, Lillicrap said it was not “presently the practice of our firm, or members of our firm, to accept appointments as attorney or executor in a professional capacity”.
Taylor said this was “remarkable, and entirely inappropriate”.
“He was under an obligation to have stepped up and taken on the role of [the woman’s] attorney,” Taylor said.
If Lillicrap’s circumstances had changed since his appointment, Taylor noted he either should have resigned or, after being made aware of the woman’s condition, “then made the relevant application to this tribunal to seek leave to resign his appointment”.
“Nothing less should have occurred in terms of the professional conduct of a solicitor,” Taylor said.
“His conduct was entirely unsatisfactory.”
The case is BJF [2024] QCAT 370 (13 September 2024).
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
