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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My sister1has authority to operate my mothers bank account

Customer Question

My sister1has authority to operate my mothers bank account on a A17. She has now appointed herself as Enduring Power of attorney but has not informed the bank . My mother is not in the Enduring phase and does not receive any mail so is unable to review her own bank statements as my sister has my mothers mail redirected . She withdraws money from mothers account and deposits it into her own account and credit card . This is a fact as my other sister2 was the Enduring POA for a short time until sister 1 revoked her power because sister 2 questioned her about these transactions . As enduring POA she would be more accountable and have to answer to these transactions . Is she less accountable by being an authority to operate and not have to answer to unexplained transactions ? Or is she breaching her duty as Enduring POA by not disclosing her appointment to the bank . She also completely manages mothers account when mum is not in the enduring phase .Is she allowed to do this . Mum is the victim of financial elder abuse .
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

She does not have to inform the bank as she is a co-signatory on the account.

Because she is not using the POA she is not doing anything wrong but you can have the POA stopped because you beleive she is abusing her role.

You have to go to NCAT and file an application

The Guardianship Division

http://www.ncat.nsw.gov.au/Pages/guardianship/gt_matter_about/matter_guardianship.aspx

Seek orders that the POA be terminated and you be appointed.

You have to take the step and have the POA stopped and you have to have the evidence.

I hope this makes sense and is of assistance.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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