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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.
Do you have a power of attorney for your mum and is she able to give instruction?
I suggest you get a POA and then you issue your brother with an eviction notice and if he refuses then you will have to go to court and get an order.
If she has to sell the house to go into a nursing home, he has no choice but to leave.
If you mum is happy to do this on her own you dont need the POA., But if she is frail and elderly she is not going to want to go to court.
The laws are similar in all states.
You would file it in the Magistrates court
I do not believe VCAT has jurisdiction as he is not a tenant.
But all this has to be done when you mother has to move. You will have difficulty getting him out until then.
Also if he is harassing and intimidating her to get money you may consider an intervention order and also have yourself placed as a co-signatory on her accounts so that she cannot get money out without your signature. I hope this all makes sense and is of assistance. If there is nothing further
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I thought she was living in her home. Where is she at the moment?
Why did she move there, was she isn fear of her safety?
She should notify the police about this and give them details.
While she is not there they will not do anything.
If she fears going back to her home, and he is an addict then the police should get involved. but she has to set out what his behaviour is like. If he yells at her and she is fearful then they should take out an intervention order against him. If she wants him out to return to her home then they can have the court issue that order.
If she fears for her safety they should act.
Good luck and all the best
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