Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

A friend, who has mental health problems has always believed

Customer Question
A friend, David who has...
A friend, David who has mental health problems has always believed that his mother, Linda wanted him to have the family home, where he has lived all his life. She is in a supported living facility because she has dementia. He doesn't have a copy of the will and neither does she. Some years ago, she made her sister executor, but when she found it too difficult, she passed it on to the State trustees. They have never been clear with David about his legal standing, sometimes treating him as a tenant, but then expecting him to to pay for maintenance. They have never charged him market value rent, in fact for years he was paying about $120 a month, though he was always clear about being happy to pay more. Now they are claiming that they have run out of money for his mother's care and want to come and value the property with a view to selling it. Linda is in a very run down facility, where I know for a fact that most other residents pay 90% of their pension and that's all. However, every year, she foes on several weeks holiday to Queensland, and pays for other people to accompany her. Last year this cost $16,000 for one trip alone.
David has tried everywhere to find legal representation, and has been unsuccessful. He has also continued to try to remain in employment as a bus driver, though he never seems to stay in a job for long.
If he loses the family home, I believe it will be very difficult for him to find accommodation, as his main problem is a condition called Disposaphobia- in other words, he is a hoarder. Many people have tried to help him with this, but it greatly upsets him.....
I believe that the State Trustees are guilty of gross mismanagement of Linda's estate, and that David needs a voice in all of this. Thank, Roz
Submitted: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 hours by:
6/11/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,108
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Afternoon

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 advise but a guide to assist you.

Until she passes away they will not give him the will or tell him what the contents are.

He cannot do anything until his mother passes and then he can contest the will on the basis of need if she has not given him the house as she promised.

If she is under a guardianship order then David would have to fight them and get it changed but he has to show he is capable of looking after her financial affairs and also her general day to day needs.

I hope this makes sense?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
What about the mismanagement of her affairs?
Solicitor: Leon, Solicitor replied 1 year ago

If they are in the hands of the Trustee He has to show they are wasting them.

Do they have a guardianship order?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
Over him and possibly his mother-, yes I believe so. How is someone like David supposed to go through the process you describe without someone to represent him? He's not the sharpest tool in the shed, if you know what I mean. I am doing this on his behalf because he doesn't know where to start, or how to speak. He is on a Disability Support Pension, so he can't afford to retain a lawyer. I am on a Carer's pension myself, so I can't help him financially either. What worries me is that he could end up homeless because of this....
Solicitor: Leon, Solicitor replied 1 year ago

Good Afternoon

If he has a mental illness he will not get it. Is there anyone else that can be trusted to look after both of them?

It is all done through VCAT they deal with guardianship issues.

But he hs to find someone that his trustworthy and will look after both of them.

Ask Your Own Australia Law Question
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio 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.

Daniel

Daniel

Solicitor

5,800 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

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My home keys were taken without permission by daughters who
My home keys were taken without permission by daughters who do not live with me. They are entering my home while I am not at home, without my permission and refuse any communication with me … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Tina, not sure how this works...I'm in Australia and have an
hi Tina, not sure how this works...I'm in Australia and have an issue with a policewoman who has lied to a court ...As a result I've been issued with an Interim Intervention Order...now she wants to w… read more
Leon
Leon
Solicitor
45,108 satisfied customers
I would like some advice on a pending civil court case which
Hi there i would like some advice on a pending civil court case which is to be held in Sydney on Tuesday. Quikfund vs Melita Pilch (me) can you help? … read more
Leon
Leon
Solicitor
45,108 satisfied customers
I search for a solicitor titled CPD .... Brisbane, A title
I search for a solicitor titled CPD .... JA: What state are you in? It matters because laws vary by location. Customer: Brisbane JA: Has anything been filed or reported? Customer: A title for for unit… read more
Leon
Leon
Solicitor
45,108 satisfied customers
Back in September my Tax agent sent all my original Tax
Back in September my Tax agent sent all my original Tax return documents to the wrong address and they have now gone missing. … read more
Leon
Leon
Solicitor
45,108 satisfied customers
How can a person with dual citizenship be ineligible for
How can a person with dual citizenship be ineligible for election to parliament when members of parliament are required to swear allegiance to the ruler of a foreign power? OathI, A.B., do swear that … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Do Optus have an obligation to provide tech support? OR to
Do Optus have an obligation to provide tech support? OR to make it clear that they do not intend to offer tech support in their PDS? Because they do not publish a help or support phone number anywhere… read more
Leon
Leon
Solicitor
45,108 satisfied customers
I have worked at a community based youth services as a
I have worked at a community based youth services as a manager for 15 years. i first retired in 2010 but have since been called back in as a casual/relief manager on numerous occasions last being arou… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am an Australian Citizen married to Indonesian Muslim
Hello I am an Australian Citizen married to Indonesian Muslim woman in Indonesian. We are not quite 2 years married and cannot achieve an amicable relationship for quite some time which has led to cou… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Is there some one I can find over the phone to quickly
HI is there some one I can find over the phone to quickly discuss or is here best? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My partner/defacto and I have been together 19 years and
My partner/defacto and I have been together 19 years and have 2 daughters 13 and 15. She basically abandoned us around 12 months ago and despite repeated attempts to have her return to the family home… read more
Leon
Leon
Solicitor
45,108 satisfied customers
Hie. Nsw. Bail. How's the best way to drop a police avo
Hie JA: What state are you in? It matters because laws vary by location. Customer: Nsw JA: Has anything been filed or reported? Customer: Bail JA: Anything else you want the lawyer to know before I co… read more
Leon
Leon
Solicitor
45,108 satisfied customers
Currently, i am trying to move out of my guardians house.
currently , i am trying to move out of my guardians house. THey use a parenting agreement as a reason why I cannot leave. I do not want to be here as one of them is a drug user/ dealer and their behav… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Can a legal document be signed and whitnessed online using a
Hi there. Can a legal document be signed and whitnessed online using a screen share like Zoom or Team viewer here in Australia? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My family and I were in Sydney airport yesterday boarding a
Hello, my family and I were in Sydney airport yesterday boarding a flight to Adelaide with Tiger Airlines. One of the staff brought the baggage scale and weighed all of our bags. Three people in my fa… read more
Leon
Leon
Solicitor
45,108 satisfied customers
My friend asked to buy my caravan then changed his mind and
my friend asked to buy my caravan then changed his mind and said he would rent it for a 100 aweek he paid me a hundred for the month in March another hundred in the month of April then rang me said I have got the money to buy it how much I said 5500 he paid me all up 3000 including the rental and now I don't know where he is he hasn't paid anything again for another month what can I do about it … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have 3 cases on law that i will like u to help me with.
i have 3 cases on law that i will like u to help me with … read more
Leon
Leon
Solicitor
45,108 satisfied customers
My Son has been sentenced to 7 months in Prison for a Parole
My Son has been sentenced to 7 months in Prison for a Parole warrant in 2005. He is suffering with Liver Cancer and has only months to live. He is 45 years old. We are wondering if you could look into… read more
John Melis
John Melis
Diploma In Law
629 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