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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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How do I obtain an Interim Guardinhip Order before Ncat as

Customer Question

How do I obtain an Interim Guardinhip Order before Ncat assessme
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
I should have said Emergency Interim Order need to have something done to help aged mother with dementia issues to prevent a family member from taking control of situation against wishes of 3 siblings (out of 4)
Expert:  James D. Ford replied 2 years ago.
Hi, can you please provide further information.. what do you mean - family member take control? in what way? Who has made the application to NCAT? the family member seeking to take control, or yourself? Applicants are advised to notify NCAT if from the time of application the person’s circumstances change and there is an increased risk to the person. From what you have described... the above is the case, and you should therefore contact NCAT urgently, and advise of the change in circumstances, and the increased risk.. Kind regards, James
Customer: replied 2 years ago.
Mum's GP is organising for the NCAT to be done however she is not available today, my sister who lives 5 hours away is apparently coming to move Mum from her home which is attached to my home and move her to Wagga before the assessment and have it done there, however my brother other sister and myselfdo not believe this is in Mum's best nterests and do not believe she is capable of making this decision for herself. We want to ensure that she has the assessment and no decicions regarding moving her are made until the assessment is made and if the assessment proves she is not capebale of making decisions for herself all family members are consulted r3egarding Mums best interest. We do not want any changes made until decsions are made to ensure she is protected from herself. Mum has been living with my family and I for over 10 years and we just want to proctect her
Customer: replied 2 years ago.
Sorry I should also have said we have contacted NCAT and they avised tat we can't organise anrgent assessment at this time but to wait for GP to organis but I do not know if he Dr is aware that she intends to move before the assessment
Expert:  James D. Ford replied 2 years ago.
You need to contact the GP (urgently - ask for her mobile stating that the situation is urgent.. or talk to another doctor who is presumably covering for the doctor whilst they are away) so he/the doctor covering can be made aware of the impending proposed move away from the majority of family members, against the wishes of the majority of the family, and her long term home, when there is no need for an urgent move, and it is likely mot in her best interest to move. If you are unsuccessful in contacting the doctor/replacement covering for them.. then contact NCAT again and explain the urgency of the situation, and the fact that the doctor is unable to be contacted (as they are away), and that the situation is urgent. If this is not possible.. take steps to organise an assessment of capacity yourselves... Capacity is a legal issue.If there is disagreement about a person's capacity, a capacity assessment should be sought. These assessments could be performed by a clinical neuropsychologist or other trained health professional, such as a geriatrician or psychiatrist. Ask for a referral to a medical professional who could attend urgently to assess your mum's capacity... before the move (if possible)... if capacity is found by the professional to be lacking.... and they are willing to sign off on this in their report.. then in my view you have legal authority to stop the move, pending the return of the Dr, and the results of the NCAT assessment, guardianship application process. Kind regards, James