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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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I need help in regard to adminstration and guardianship. My

Customer Question

Hi I need help in regard to adminstration and guardianship. My eldest sister and I have been POA for our mother since September the 2nd 2013, our mum did not want our other sister to be POA. Mum has lost capacity to make decisions completely, my eldest sister is her primary carer, as my sister still works, actually refusing work to care for mum, centrelink put her on the pension. She travels to mum who lives approx 2 hours away in the country. She stays there for approx 4 nights every week. My other sister, who mum did not want as POA, claims that as mum cannot make decisions for herself, has asked her to become POA. That sister took mum to her solicitor who drafted the original papers to ask him to include her. The attourney said he could not make any additions as mum could not understand what was being asked. The sister claimed that the attorney advised her to approach VCAT, I dont think the attorney would advise her as wouldnt it be conflict of interest as he represents mum? And as mum cannot understand anything, why would she want someone, who when she still had her facalties about her, was adament that the sister have no part of mums welfare and care. This sister has lodged an application to VCAT, on the application she states that mum has no primary carer, which of course mum has, the sister is disputing that centrelink gave the actual primary carer centrelink payments. As she applied for them and was told that mum had to be residing with her. As I am the other POA but reside in Cairns I am limited in what I can do, but am I able to let VCAT know that incorrect information was provided to them. She was well aware of this, I have pointed out to her that it was incorrect information. My poor mum is upset as she does not understand everything, her comment was "she is up to something" meaning the sister who lodged the VCAT application. I hope you can make some sense out of what I have written, and be able to point me into the right direction of what can be done. Mum did not want VCAT to be adminsistrators, and the sister is saying that if we oppose her application that VCAT will appoint their own administrators. I hope to hear from you asap regards Danuta
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello,

You and your sister have to arrange to defend the VCAT application otherwise it is very likely VCAT will grant your sister's application. Although you are not in Victoria, you could still be represented in the Tribunal and likely would be allowed to appear personally by telephone or videolink.

Whilst your sister may not be entitled to carer centrelink payments that does not mean she is not the guardian or joint gaurdian with you just because she doesn't live with your mother.

Your point that the tribunal should not appoint this sister who your mother had originally excluded is very much a strong point against her application, but unless you and/or your sister take action to oppose the application she may well get her way.

I would strongly suggest you and your sister (with whom you share the gaurdianship and POA) engage a lawyer to represent you as the odds of a positive outcome will be much better if you do so.

I trust the above assists.

Good luck and please rate my answer.

Patrick