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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42333
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My mother was diagnosed of dementia back in 2011. She wanted

Customer Question

My mother was diagnosed of dementia back in 2011. She wanted both daughters to be her Power of attorney, but my mother's lawyer said had to be one. I was pushed aside & my sister took over. Now my mother is in very advanced dementia. I want my mother in a nursing home, but my sister is pushing herself to keep my mother at her place. My mother had 3 falls already @her place. The 3rd fall happened 22nd of may & my mother had an operation & had been in hospital & now rehab in a nursing home. Next week my sister wants her back at her place. I want to know if the Power of attorney is valid if my mother was diagnosed with dementia when she signed it 2011. The lawyer is a family friend & he won't disclose the information if my sister is also part of health. What can I do to stop my mum going back to my sisters place? Thx!
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Morning,

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.

You can make an application in the court to get Guardianship over your mother and have the POA set aside that your sister has.

You need medical evidence that she is better in a nursing home and also a history of her accidents since she has been in your sisters care to show that she is not being looked after

You have to get your own solicitor in this case the one acting for your sister will have a conflict of interest. Once you start proceedings then you can issue a subpoena to get documents. Also the Solicitor has been negligent because you can have 2 people on a POA.

I hope this all 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.



Customer: replied 3 months ago.
You didn't answer one question is the power of attorney valid, since my mother signed when she was diagnosed of dementia.
Expert:  Leon replied 3 months ago.

Good Morning.

If you can provide a medical report that at the time the POA was signed she had dementia and could not have understood the court will set it aside.

It is not an automatic thing. It has to be set aside by a court.

If the Solicitor that prepared it and had it signed was aware that she suffered from dementia and did not have her assessed and get a report he or she was negligent and can be sued.

The POA would be invalid if she did not have the capacity to sign.

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