Why Estate Planning Matters More Than Ever: Lessons from a Dementia Case in WA
We continue the discussions relating to estate planning from our article published on 5 March 2025 which details the various mechanisms available to you regarding estate planning. If you’d like to read the full article, you can access it here.
Currently, the Law Reform Commission of Western Australia is conducting a review to provide advice and make recommendations to the Western Australian Government on new legislation to enhance and update the Guardianship and Administration Act 1990 (WA). In addition to this, Western Australia’s Public Advocate and Public Trustee were recently compelled to attend parliamentary committees to consult. This recent scrutiny and proposed reforms point to rising public concern on the Public Trustee’s ability to continue delivering services in an overburdened public system where care, is often too little too late.
A case from WA – A Costly Oversight
Over many years there has been criticism on the lack of scrutiny surrounding how the State trustees and guardians operate and deal with the vulnerable people under their care. Recent media spotlight has revealed that State trustees and guardians around the country are charging excessive fees for the delivery of questionable care and assistance to their “clients”.
Recent news reporting about the WA Public Trustee has a common theme of the State agency being “overworked and under resourced”. ABC News in WA has stirred considerable public concern in relation to a woman living with dementia being charged over $137,000 in fees by the Public Trustee despite her assets being mismanaged, to the extent of substantial financial losses and emotional distress for her family.
The woman, who was declared mentally incapacitated due to dementia, had no valid Enduring Power of Attorney (EPA) or Enduring Power of Guardianship (EPG) in place. This left her vulnerable to affairs becoming the subject of State administration. Her son recounted the Public Trustee took control of her finances and properties during a family dispute and over eight years, charged exorbitant fees for their work but failed to maintain, or profitably manage, her rental properties.
The woman’s son had been warned by legal professionals to avoid the Public Trustee, advice he now regrets ignoring. The lack of a proper structure and documents to deal with these circumstances meant the family had no legal avenue to intervene or manage her affairs independently.
This is a distressing and, unfortunately, not an uncommon case for people who have no plans in place and their assets are left to management by the Public Trustee.
The Lesson: Estate Planning Is Protection
This case is a stark reminder of why estate planning is not just about writing a Will. It’s about ensuring your financial, medical, and personal affairs are managed by someone you trust—before you lose the capacity to make decisions.
A comprehensive estate plan should include:
- A Will – to ensure your assets are distributed according to your wishes;
- Enduring Power of Attorney – to appoint someone to manage your financial affairs if you become incapacitated; and
- Enduring Power of Guardianship – to appoint someone to make personal, lifestyle, and medical decisions on your behalf.
Without these documents, your affairs may fall into the hands of overburdened public institutions, which is likely no to be in your best interests or those of your family.
How MPH Lawyers Can Help
At MPH Lawyers, we specialise in bespoke estate planning strategies tailored to your unique circumstances. Our experienced team ensures your wishes are legally protected and that your loved ones are empowered to act when needed.
If you want peace of mind and protection for your future, contact us today to speak with one of our estate planning specialists.
For more information, please contact our Wills and Estate team at legal@mphlawyers.com.au for a bespoke estate planning strategy.