The Tracey Curro Power of Attorney Case: A Wake-Up Call for Advisers Across Australia

The Tracey Curro case stands as one of Australia’s most complex and publicised disputes involving enduring powers of attorney (EPOA) and elder abuse. It exposes how even robust legal instruments can fail without vigilance, regular review, and transparent family communication.

The Facts: A Family Divided

In 2001, former 60 minutes journalist, Tracey Curro and her sister Peta were appointed as enduring attorneys for their father, Phillip Curro, responsible for both his finances and healthcare. As Phillip aged and became more dependent, the sisters managed his affairs. However, when Phillip entered a new relationship and moved in with his partner, Tracey and Peta were increasingly marginalised.

By mid-2020, according to The Australian (2024), the sisters allege they were shut out of their father’s life. They claim Phillip’s partner and her son restricted access, isolated him from family and friends, and influenced his financial decisions. Despite repeated applications to Queensland’s Civil and Administrative Tribunal (QCAT) for intervention—citing concerns over cognitive decline, unpaid bills, and declining care—all applications were dismissed.

A moment of frustration led to Tracey being charged with assault during an altercation as she attempted to visit her father. Although the charge was later dropped due to lack of evidence, the emotional and reputational impact was profound.

Phillip Curro died in November 2022. The sisters maintain he spent his final months in neglect and isolation, deprived of meaningful contact with his children and proper care.

Key Lessons for Advisers in Australia

1. Clarity and Oversight Are Non-Negotiable

Enduring powers of attorney should never be treated as a formality. Advisers must ensure clients understand:

• Who they are appointing and why

• The scope and limits of the authority granted

• The potential for future conflict—especially in blended families or where new relationships may arise

“This story should serve as a wake-up call for anyone giving or receiving enduring powers of attorney,” Tracey Curro stated. “They can be overridden, contested, and ultimately ignored.” (The Australian, 2024)

2. Document Intent and Decision-Making Thoroughly

Advisers should urge clients to record their intentions clearly, using:

• Video statements

• Written rationales for attorney appointments

• Explicit conditions for revocation or review

Such documentation may prove vital if the EPOA is later challenged or disregarded.

3. Review POAs Regularly—Especially After Major Life Changes

A POA should not be a “set and forget” document. Advisers should prompt regular reviews, particularly after:

• The death of a spouse

• Commencement of a new relationship

• Significant health events

Phillip Curro’s EPOA was more than twenty years old and had not been revisited after his new partnership began—a critical oversight.

4. Proactively Prevent Family Conflict

Where family tension is likely, consider:

• Appointing a professional attorney (lawyer or trustee company)

• Using joint attorneys with co-signing requirements

• Adding safeguards such as independent audits or mandatory third-party reporting

5. Plan for Advocacy, Not Just Finances

Financial control is only part of an attorney’s role. Advisers should encourage clients to:

• Appoint attorneys who will advocate for their wellbeing and access to family

• Prepare a statement of values or care preferences

• Nominate a trusted person to monitor the attorney’s actions, especially if incapacity is anticipated

Final Thought

Tracey Curro’s experience is a stark reminder: even the most carefully drafted power of attorney can unravel without ongoing oversight, clear documentation, and family alignment. As Tracey herself says, “It is too late for us. But it is not too late for others who may think they are protected by a document they signed 20 years ago.” (The Australian, 2024)

For advisers across Australia, this case highlights the urgent need for diligence, transparency, and regular engagement with clients about their wishes—and the real-world risks when these safeguards are neglected