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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am wanting some info for my 3 nieces who are the enduring

Customer Question

Hi, I am wanting some info for my 3 nieces who are the enduring Poa's for their palliative care( at home) mother. Their funda have run out, as two had to stop work to care for her and all 3 monved back home. One works part time.and they had a go fund me but it is now exhausted. She has $55,000 in super that she got out while she had capacity(brain tumour) I have suggested that they see a solicitor and draw up a reimbursement document for them, to equally divide the money between them now, as there is no will.It would give them funds to keep goung, and spare them the issues of her passing with no will.
JA: What are the basic terms of the Power of Attorney agreement?
Customer: All 3 have epoa for health and financials.
JA: Family law varies by state. What state are you in?
Customer: qld
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, i don't think so
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning

She wants to borrow money under the POA?

Does the POA allow this to happen?

Customer: replied 2 months ago.
No, Mum no longer has capacity and is in oalliative care at home, under her local dr. The girls have run out of funds, she was only expected to live 2 months, now 6. No will, but she did express her super was for them,$55,000 which she got while she had capacity. They would like to use that money now, to keep going and to avoid the drama of the no will. Can they do that?
Customer: replied 2 months ago.
Leon, I've spoken to the girls and we would like a call. However, they are doing their mum's personal care now, but would be free at 11.30. Would that suit you? I don't know how these things work.
Customer: replied 2 months ago.
Are you still there Leon?
Expert:  Leon replied 2 months ago.

Good Morning

This is the mothers super we are talking about?

Under the POA they can request its release.

They will need to get a report from the Dr. to show that is it is needed for hardship and they can apply through centrelink for an early release.

You can elect for a call at 1130 and I will call you. Be aware there is a fee of about $82.00

Can talk them

Customer: replied 2 months ago.
Leon, they already have it in an account from when their mum got it out, but haven't touched it. Can they just divide it up between them for their last 6 months costs, to help them keep going with her and to avoid the no will issue?
Customer: replied 2 months ago.
as
Expert:  Leon replied 2 months ago.

Under the POA they can use it for the benefit of their mother.

If they can show that they have been paying the costs of their mother and evidence should be available they can reimburse themselves.

But from now on they should be using the money in the account to pay for their mothers costs.

But they have to have evidence of the costs they have paid. eg receipts, Tax Invoices etc.

Customer: replied 2 months ago.
ok, We'll call at 11.30. Do i do it through the email
Expert:  Leon replied 2 months ago.

You have to elect for the call here

and I will then accept and call you.

Regards

Leon

Customer: replied 2 months ago.
Hi Leon, the day got away and in the process of that the girls decided that they would go and see a solicitor locally face to face. I can see that the $82 payment is pending in my account, but ai am assuming it won't be charged if we didn't call. Regards Fran
Expert:  Leon replied 2 months ago.

As you have not asked for a call you will not be charged.

But you will be charged fro what you have offered to pay in the initial question.