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We are 2 sisters and a brother.My mum passed away and in her
We are 2 sisters and a brother.My mum passed away and in her will me and my sisters were the executors of the estate and my brother … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
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Potts Point, NSW) My question is in relation to the
My question is in relation to the execution of a General Power of Attorney. Currently my mother has dementia and she has recently had a full Testamentary Capacity Assessment by a specialist gerontologist. Since 2016 (when my 93 year old mother was of sound mind, was instructed by her solicitor to complete the necessary documentation to make my sister, and Mums solicitor, Enduring Power of Attorney. At the same time my mother also completed the necessary legal documents to have my sister and I appointed as her enduring Guardians, she also has an ACD. My mother now wants to make my brother an Enduring Power of Attorney and Enduring Guardian, however, due to my mothers incapacity, she cannot do this. To appease my mother and give my brother a 'sense of power/involvement', the solicitor earlier this week met with my mother and brother to draw up a General Power of Attorney, however, all 3 children are appointed to act jointly. My mother has signed this, my brother has signed (solicitor has witnessed) My sister and I are not sure what the ramifications are if we either sign or not sign. In other words for the GPOA to take effect, do all 3 of us have to sign to make it legal? … read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
My mother in law has just been put into residential care,
Hello, my mother in law has just been put into residential care, with dementia. My brother in law moved over to help her in January and his wife joined him in August, Mum was put into the home in Octo… read more
Chris The Lawyer
Chris The Lawyer
Barrister
Master's Degree
23,478 satisfied customers
My mother passed away 3 weeks ago. My mother passed away 3
My mother passed away 3 weeks ago. In the years just before that, she was in government housing (in Perth, W.A.), with my brothers and sisters looking in on her. As she progressively changed from being quite independent to suffering dementia, my brothers and sisters shared the task of calling in on her and doing some general cleaning, preparing meals, and looking after her banking. I never thought to be kept informed of her financial affairs because my two sisters just took control of that. I now have reason to be suspicious that my mother's financial affairs might have been manipulated to favour at least one or both of those sisters. Also there were cleanliness issues in the unit where my mother lived, just before she was put into a nursing home, about 18 months ago. I am also concerned about my mother's will, not so much what I might be left with, but whether it was legally prepared before my mother's dementia was realised. Sorry, I started the previous message and when I hit the "enter" key to start a new line, my unfinished message was sent. I am the only son (my mother's oldest) of 5 surviving children, 2 sisters, 3 brothers, who lives in Brisbane, all the others are in Perth. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
My brother had distonia attack, and fell to the floor.
My brother had distonia attack, and fell to the floor. People got him up and my husband was helping him onto the bedroom. My sister was still pushing him onthe back, the wrong way. I pulled them off h… read more
Leon
Leon
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Master's Degree
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My mother gave her whole estate to trustees my sister and
Hi My mother gave her whole estate to trustees my sister and myself to pay from her Estate my just debts, funeral and testamentry expenses and all other duties. None of the sibling were named in the w… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
A $200,000 loan was given to the family trust in 2013 - loan
A $200,000 loan was given to the family trust in 2013 - loan agreement signed and witnessed. A document was signed in Dec. 2016 stating "I willingly and freely give the sum of $200,000 to" the family … read more
John Melis
John Melis
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Bachelor's Degree
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My niece is a beneficiary of her late mothers will. Before
My niece is a beneficiary of her late mothers will. Before she developed Alzheimer's she made a will with my husband as executor . He did not see the will but was told by his sister that she had $2000… read more
Leon
Leon
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Master's Degree
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My mum is 92yrs and has dementure,she lives with my husband
Hi,My mum is 92yrs and has dementure,she lives with my husband and myself as I could not stand putting her in a home.I have a sister that lives far away and does not have anytime for mum,but gives me … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
My Sister's son is buying Mum's house. We have no problem with
My Sister's son is buying Mum's house. We have no problem with that. My sister is organizing it with Mum's Solicitor using him to draw up the contract and acting for both Mum and her son. Is this ethi… read more
Leon
Leon
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Master's Degree
33,424 satisfied customers
hi just wonder if you could put some light on a situation hubbys
hi just wonder if you could put some light on a situation hubbys not happy about in reference to his recently deceased mum ..she claim she spoke to her 3children about it but unfortunately it was afte… read more
Leon
Leon
Solicitor
Master's Degree
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my mum has just passed away, my sister has moved into the family
my mum has just passed away, my sister has moved into the family home and has changed the locks what can we do, she refuses to give us a set of the keys for us to enter the family home.… read more
Leon
Leon
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Master's Degree
33,424 satisfied customers
MY MOTHER HAS PASSED AWAY. I HAVE ALWAYS BEEN TOLD MY OLDER
MY MOTHER HAS PASSED AWAY. I HAVE ALWAYS BEEN TOLD MY OLDER BROTHER IS EXECUTOR OF HER WILL AND THAT THE THREE SIBLINGS WOULD ALL GET A SHARE OF HER PROPERTY ON HER PASSING. I HAVE NEVER SEEN ANYTHING… read more
Leon
Leon
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Master's Degree
33,424 satisfied customers
Hi Is it possible for my brother to be Power of Attorney,
Hi Is it possible for my brother to be Power of Attorney, for my Mother and executer of her will or is this a conflict of interest? He has also named his girlfriend (but in his surname) as the exectut… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
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Hi I am in a situation where I was left to look after my things
Hi I am in a situation where I was left to look after my things for my mother when she was put into a nursing home due to her needing high care need that I could not supply for her at home due to need… read more
D. Coleman
D. Coleman
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Bachelor's Degree
795 satisfied customers
my mother has just passed away from cancer and my 11 year old
my mother has just passed away from cancer and my 11 year old brother is in the custody of our step father who does not care for him properly. How do I apply to the family court for custody of my brot… read more
Leon
Leon
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Hello, My dearest beloved mother passed away 31/10/08.My brother
Hello, My dearest beloved mother passed away 31/10/08.My brother was beneficiary to her funeral fund. At the funeral arrangement time, Mum's husband, not my father piped up and said "he" wanted to be … read more
Leon
Leon
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Master's Degree
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My mum in law passed away last December and left a will for
My mum in law passed away last December and left a will for my husband. It has been on hold since then. My sister in law who got her estate is the executor of my husband's will. The family house in Re… read more
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Brisbane-Lawyer
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14,361 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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