Australia Law
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Answered in 34 minutes by:
1/13/2009
Vicki Dimond Solicitor, Solicitor
Category: Australia Law
Satisfied Customers: 0
Experience: NSW Practicing Certificate
VerifiedDear Toulouse,
If your mother has given a power of Attorney to your sister (NSW Law) then she would have had to have a solicitor give her advice as to what it means - being essentially that she has given your sister the power to step into her shoes regarding financial matters. The power of attorney could also have been registered (with the Lands Titles Office) giving your sister the ability to deal with real estate.
If you mother is of sound mind, she can revoke the power of Attorney - if her state of mind is in question it would be best to gain a report from a health professional - at the least perhaps a GP regarding your mother's ability to revoke. Perhaps when you visit you might like to look at a revocation after talking to your mother.
Kenneth Hunt, Principal Solicitor & Migration Ag
Category: Australia Law
Satisfied Customers: 265
Experience: This is not legal advice. No client solicitor relationship is created. Seek independant legal advice
VerifiedI agree with vicki dimond but there are futher protections under the various state Powers of Attorney Acts which are fairly uniform between the states. The Acts restrict the power of Attorneys to benefit from the estate of the principal and allow for recovery on the death of the principal. There is also a general power to bring an application before the Supreme Court to review any act of the attorney should the need arise.
Ken Hunt
Solicitor
Hunt Lawyers
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