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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I need to do know what I can do about my step sister selling

Customer Question

I need to do know what I can do about my step sister selling my dad's house with out his approval and taking half of his life saving out of his banking account with out his permission.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Does she have a power of Attorney for your father or a court order to be able to deal with his assets?

Customer: replied 1 year ago.
No but my step mum has dementia and may have signed it over with out dad knowing
Expert:  Leon replied 1 year ago.

Good Morning

You need to get a solicitor to act for your and check to see this.

If this has not happened you can apply to be appointed his guardian and financial manager.

The Guardian and Administration board is where you have to go.

http://www.guardianship.tas.gov.au/

If it has been changed you need to sue in the Supreme Court and have it reversed, You will have to get a medical report to prove his non capacity and for how long he has been impaired

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Hi LeonThank you for your help what if the power of attorney for my step mum was signed over why she has dementia is this legal.
Expert:  Leon replied 1 year ago.

Good Morning

If she had dementia and did not understand when she signed it then it is invalid but you have to have ti overturned by the Guardian and Administration Board.

You need medical evidence to show her condition at the time of the POA being signed.

But it can all be overturned. If she did not have dementia when she granted the POA then it is valid

Expert:  Leon replied 1 year ago.

Is there anything else I can assist you with? If not

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon