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What can I do if somebody is keeping or spending my money when I don't want them to?
If you've got an attorney who's spending your money when you don't want them to, and you
can't stop them by ordering them to stop, by just saying stop spending my money in this
way. Then you could go to VCAT, and ask VCAT to set it aside. But if you're competent,
you can just revoke that Power of Attorney. You can fill out a form, and give it to them,
and say 'I revoke that Power of Attorney'. So that's where you start off with. And you've
got to give them the document, so they know they are no longer authorised by you to spend
your money. SO that's the Power of Attorney one.
If you've lost capacity, and you want to stop your Power of Attorney doing something, then
you'll have to go to VCAT, and have it stopped there.
If it's your Administrator that's spending money and you're not happy about the way it's
being spent, there are a a couple of things you can do. You can go to VCAT, under a provision
called 'section 56', which entitles someone to bring an action before VCAT where you say
you're not happy with the decisions the Administrator's making for you. And the tribunal will look
at the decisions being made and say well, Administrator, why did you make these decisions?
And then they can direct the Administrator what to do.
The other application you could make is to seek a re-assessment of the Administration
Order itself, and saying this order needs to stop because this person's not making good
decisions on my behalf. They're not acting in my best interests, and I either want this
order to stop, or I want a new Administrator appointed.
For more information, visit the Youth Disability Rights Hub at www.youthdisabilityrights.org.au.