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I have an elderly mother that may need to move to

Customer Question
Hello, I have an...

Hello, I have an elderly mother that may need to move to residential care. My sister has been living with her and has, over the years, forfeited much to act as unofficial carer for mum. My concern is that if mum has to go into residential care, they will take the house and my sister will be left with no home. Is there anything we can do to ensure that the home remains available for my sister to live in? We would not be able to afford exorbitant weekly fees as an alternative to giving up the house. Can you pelase offer some advice?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Not yet Pearl

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is a request for the near future - things are progressing to the stage where mum will need more care than we can give her but we're not quite there yet.

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/6/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Generally your sister being the carer and living in the house will be taken into consideration when your mum is assessed by ACAT.

But there has to be funds available to be able to pay for your mums care.

Has your mum given a Power of Attorney to anyone?

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Customer reply replied 7 months ago
Not yet - but we are looking to share PoA between the two of us
Customer reply replied 7 months ago
Hello, I am happy for you to contact me but I am at work presently so am not in a position to talk
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

I can make an offer to call you later tonight if that suits

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Solicitor: Leon, Solicitor replied 7 months ago

I am logging off and will be back about 730pm

We can continue then and assist you further.
I have extended the offer of a call to you and if you accept I will call you when I get back.

Regards

Leon

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

I am following up my last post and seeing if there is anything else I can assist you with?

I look forward to hearing from you.

Regards

Leon

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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.

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