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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I believe my brother has co-ersed my mother who has vascular

Customer Question

I believe my brother has co-ersed my mother who has vascular dementia into signing her house over to them so they can sell it. I am the first born daughter and have power of attorney over her medical side only. My brother and I have never got along.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Victoria
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Basically what can I do legally to stop this from happening. It was yesterday she went to some sort of court with them.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Alex_Esquire replied 2 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Was your mother declared mentally incompetent by the court?

Customer: replied 2 months ago.
I don't believe so.
Expert:  Alex_Esquire replied 2 months ago.

Thank you for your follow up.

Do you believe that your mother is mentally competent and of clear mind?

How old is your mother?

Customer: replied 2 months ago.
No I don't think she is. She has had the condition for nearly five years and can hardly look after herself.
She is 86.
Expert:  Alex_Esquire replied 2 months ago.

Where is the elderly person located?

Customer: replied 2 months ago.
She has recently been moved to a retirement village for the Dutch. My brother took out bridging finance to purchase the unit and her existing unit that she resided in for 9 years has not been sold but has full title of.
Customer: replied 2 months ago.
She is in Montrose, Victoria.
Expert:  Alex_Esquire replied 2 months ago.

IS this in Canada?

Customer: replied 2 months ago.
No Australia
Customer: replied 2 months ago.
I have concerns that my brother has not been acting in the best interest for my mother. He has paid bills late or not at all and let them lapse like important Insurances and rates etc. He borrowed money from my mother some years ago and never paid it back.
Expert:  Leon replied 2 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 but a guide to assist you.

If you believe that he should not have the POA you can apply through VCAT to be granted guardianship.

You would be best to collect evidence of the misappropriation to be able to strengthen your case.

Here is some information.

https://www.vcat.vic.gov.au/case-types/guardianship-and-administration

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