According to s389 Criminal Code 1899 (QLD),
8 Stealing by agents etc.
If the thing stolen is any of the things following, that is to say—
(a) property which has been received by the offender with a power of attorney for the disposition thereof;
(b) money received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction;
(c) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;
(d) the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney or other authority for the disposition of the property received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;
the offender is liable to imprisonment for 10 years.
9 Stealing property valued at more than $5,000
If the thing stolen is property, including an animal that is stock, and its value is more than $5,000, the offender is liable to imprisonment for 10 years.
Mr. X, having granted power of attorney for his financial affairs to his nephew, Mr. Z, implies a significant level of trust. However, if Mr. Z decides to utilize some of Mr. X’s funds for personal use, especially without any relevance to Mr. X’s interests, it could indeed be regarded as an act of misappropriation or, in simpler terms, stealing.
The Powers of Attorney Act 1998 (QLD) stipulates that an attorney must exercise their power honestly and with reasonable diligence to protect the principal’s interests, as per section 66.
If Mr. Z is using the funds for his personal benefit in a manner not aligned with Mr. X’s interests, it may be considered a breach of this legal obligation and be charged with stealing.
According to s391(2)(f), even if Mr Z had intention to repay the amount, he will still be liable of stealing.
Related Case – Hickey v State of Western Australia (2014) 238 A Crim R 237
