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I believe my brother has co-ersed my mother who has vascular

Customer Question
dementia into signing her house...
I believe my brother has co-ersed my mother who has vascular dementia into signing her house over to them so they can sell it. I am the first born daughter and have power of attorney over her medical side only. My brother and I have never got along.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Victoria
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Basically what can I do legally to stop this from happening. It was yesterday she went to some sort of court with them.
Submitted: 1 year ago.Category: Australia Law
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Answered in 9 minutes by:
10/6/2016
Solicitor: Alex_Esquire,
 replied 1 year ago
Alex_Esquire
Category: Australia Law
Satisfied Customers: 16,724
Verified

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Was your mother declared mentally incompetent by the court?

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Customer reply replied 1 year ago
I don't believe so.
Solicitor: Alex_Esquire,
 replied 1 year ago

Thank you for your follow up.

Do you believe that your mother is mentally competent and of clear mind?

How old is your mother?

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Customer reply replied 1 year ago
No I don't think she is. She has had the condition for nearly five years and can hardly look after herself.
She is 86.
Solicitor: Alex_Esquire,
 replied 1 year ago

Where is the elderly person located?

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Customer reply replied 1 year ago
She has recently been moved to a retirement village for the Dutch. My brother took out bridging finance to purchase the unit and her existing unit that she resided in for 9 years has not been sold but has full title of.
Customer reply replied 1 year ago
She is in Montrose, Victoria.
Solicitor: Alex_Esquire,
 replied 1 year ago

IS this in Canada?

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Customer reply replied 1 year ago
No Australia
Customer reply replied 1 year ago
I have concerns that my brother has not been acting in the best interest for my mother. He has paid bills late or not at all and let them lapse like important Insurances and rates etc. He borrowed money from my mother some years ago and never paid it back.
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,128
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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 but a guide to assist you.

If you believe that he should not have the POA you can apply through VCAT to be granted guardianship.

You would be best to collect evidence of the misappropriation to be able to strengthen your case.

Here is some information.

https://www.vcat.vic.gov.au/case-types/guardianship-and-administration

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

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,128
45,128 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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).

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