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The difficulty is with the Commonwealth Bank which has

Customer Question
The difficulty is with...

The difficulty is with the Commonwealth Bank which has frozen the bank account and will not let the .

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

Brief history: Customer has handled mother's affairs for over 20 years. She has thirty parpty authority to access Centrelink, Utilities, Credit Union accounts etc. In 2014 mother was in hspital and social worker (incorrectly) applied to ghave mother placed under guardianship. This was revoked after 9 months . The daughter is still recognised as carer - person responsible and also takes care of mother's affairs. Mother has dementia.

Lawyer's Assistant: Have you talked to a lawyer yet?

Problem arose because card for access to the account expired. Daughter did not realise until tried to access account. Bank will now not reinstate and says that daughter must go back to Pubic Trustee and apply for formal financial management. ?this is absurd.

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

Spoke to Public Trustee who agreed CVBA is very difficult bank to deal with.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/7/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

The banks are restricted by the procedures that they have to follow, which is the same as the Public Trustee comment.

Has the matter been addressed in writing yet in a legal letter yet ?

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Customer reply replied 8 months ago
There is no need for a legal letter. The Bank had an authority as third party user for over 20 years. The revocation of the order
basically reinstated the informal authority - the Bank has a copy of that order. The guardianship order was for only 9 months. All other organisations such as Centrelink, Credit Unions and utilities including doctors accept the authority - the Bank is being obtuse. What can be done. The daughter will certainly NOT go back to the Tribunal and ask for a formal order. Many people operate with third party authority. The mother cannot now resign another authority because she has dementia. What can be done?
Solicitor: John Melis, Lawyer replied 8 months ago

the only choice you have is to bring proceedings against the other party.

is this something that you would to consider ?

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