Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I need help in regard to adminstration and guardianship. My

Customer Question
Hi I need help in...
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
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 37 minutes by:
3/8/2016
Solicitor: Patrick H., Lawyer replied 1 year ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

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

Ask Your Own Australia Law Question
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Currently I am working with consulting company and deputed
HI,Currently I am working with consulting company and deputed in client place, working for client more then 7 year from consulting company. Based on my interest applied job position on client career p… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
My son of 38 years had an operation in 2016 and we have some
Hello. My son of 38 years had an operation in 2016 and we have some issues of relating to that surgery which has left him wth injuries. Because of the injuries he has a parralized leg from the knee do… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Leon, It is Rhonda Grant here again. I have spoken to you
Hi Leon, It is Rhonda Grant here again. I have spoken to you about family law matter and Supreme Court matter regarding a registered mortgage that I own. I would like to talk to you again. It will pro… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I got stopped in late December 2017 for expired rego
I got stopped in late December 2017 for expired rego (expired 3 Dec 17) and got 2 tickets for over $1200 no rego and no insurance. My rego expired 2 weeks before. I got no renewal docs as had moved mi… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Ordered on line from taking shape 4 items 1 only fitted.
ordered on line from taking shape 4 items 1 only fitted. telephoned them and they refuse refund on 2 items as they were clearance items hard to order when you have to wait for delivery to try on Teres… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
After being employed with my company since 1997, I signed a
After being employed with my company since 1997, I signed a 12 month contract in February 2013 for a specialist supervisor position. After nearly five years in the position, I have been advised they w… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Can a deed poll be assigned to soemone else? New south
can a deed poll be assigned to soemone else? JA: What state are you in? It matters because laws vary by location. Customer: new south wales JA: Has anything been filed or reported? Customer: no JA: An… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Dear Pearl, I live in Gumdale on acreage and there are 18
I live in Gumdale on acreage and there are 18 large trees on the fence boundary that are 11 metres from the main housed 5 metres from our granny flat.In 2 storms over the last 8 years, several trees have come down fortunately not hitting the house .Insurance claims were lodged for fence and tennis court damage. … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I have recently had the MSN installed at my home. I don't
I have recently had the MSN installed at my home. I don't consider that I was made FULLY aware of the charges that would be added to the NORMAL costs if I had a 'back to the base alarm system here !' … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I have 2 issues. The first is that I have been sent an
I have 2 issues. The first is that I have been sent an infringement notice for driving the wrong side of a divided road. This sounds bad but the context was a small fire on the outskirts of Hamilton t… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
POLICE UNIT STOLE MY LICENCE DURING ROAD SIDE STOP, THEN
POLICE UNIT STOLE MY LICENCE DURING ROAD SIDE STOP, THEN PROCEEDED TO USE OUT OF DATE FORKLIFT LICENCE TO ISSUE TWO INFRINGMENTS, uNIT NEVER CONFIRMED IDENTITY OF MY PASSANGER. PASSANGER WITNESSED UNI… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Tina. I've just been contacted by someone whose 3 yo
I've just been contacted by someone whose 3 yo daughter was bitten on the face by a friend of the families dog. He wants to know legally where he stands. I've advised that he will need to contact the relevant local govt council but does he have a case for In queensland … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
How do l find mediation date matter mlc5806/17. How do l
How do l find mediation date matter mlc5806/17 JA: What state are you in? It matters because laws vary by location. Customer: How do l find mediation date mlc5806/17 JA: Has anything been filed or rep… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
I have an issue with water damage and insufficient drainage
I have an issue with water damage and insufficient drainage at our home, which my brother and I purchased in May 2017. The property was completed in March 2016 … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I was refinancing my home loan with the CBA bank. My name on
I was refinancing my home loan with the CBA bank. My name on the old home loan was maintained by the bank with middle name, not my choice? My name never caries middle name (birth certificate) . The ba… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
MY MOTOR VEHICLE RECENTLY BLEW A HOSE WHICH CONNECTED THE
MY MOTOR VEHICLE RECENTLY BLEW A HOSE WHICH CONNECTED THE OIL COOLER TO THE OIL PUMP I HAD IT REPAIRED AT THE NEAREST MECHANIC AND HE TOLD ME T6HAT IT SHOULD HAVE BEEN A RECALL TO REPLACE THE HOSES. I… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I have a question about Telstra mobile services. I live in
Hello, my name is***** I have a question about Telstra mobile services. I live in Brisbane and can't get proper service. I have rang them time and time again. I live with my Uncle who is a 77 andd we … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
WA. Actually, i am trying to write a statutory declaration
actually, i am trying to write a statutory declaration about my religion … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x