Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I live in Brisbane, but I have a sister with dementia living…

Customer Question
Hi, my name is...

Hi, my name is Juliana. I live in Brisbane, but I have a sister with dementia living in Victoria. Her financial affairs are in a bit of disarray, with her daughter living in New York, and her son who has been looking after her but who now wants to relinquish the responsibility. We need her affairs sorted legally. Who can we talk to? She lives in an aged care facility in Beaconsfield.

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

Her daughter has a power of attorney over her affairs, but we are unsure of its validity given it was signed when she was starting to get unwell.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

This was done in Victoria, and I believe the power of attorney was actually signed at a chemist!

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

Not really. My niece has more details but she is not with me at the moment.

Submitted: 6 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 17 minutes by:
1/4/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,319
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 6 months ago

the next step is to raise a claim at VCAT in the Guardianship division to have the financial matters fixed.

do you have a copy of the power ?

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
Hi, my niece has contacted her own solicitor, and I will not be using your services. JustAnswer has debited my Paypal account with $50, but I am requesting a refund. I am not sure how I can obtain it.
Solicitor: John Melis, Lawyer replied 6 months ago

from you the help menu on the home page you can ask support.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
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.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,319 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My dad has dementia and his carer has enduring power of
Hi there, my dad has dementia and his carer has enduring power of attorney. They live in NSW and we (his family) live in QLD. She has verbally agreed to allow for my dad to be moved to QLD to be cared… read more
John Melis
John Melis
Lawyer
3,319 satisfied customers
Can I ask a question here? NSW, Wollongong. My sister is a
My sister is a Power of Attorney . completed a few years ago before mum lost her memory. Which is fine. I live with mum and my sister and i both have access to her account and pay bills etc. Now we have to provide power of attorney (enduring i'm guessing) to the Dep of Vet Affairs. What if my sister only has general power of attorney and not enduring? … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My mother passed away in feb 2016. My mother was my fathers
Hi my mother passed away in feb 2016. My mother was my fathers carer as he has dementia. For the last 8 weeks I have been off work trying to sort out their affairs with my sister - in Qld. Travelling … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I suspect my sister in Queensland with my Mother , is using
I suspect my sister in Queensland with my Mother , is using my mothers money to go on holiday overseas . She will not speak to me and will not give me any information on the home she puts my mother in… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
My mother was told that her 98 year old father doesn't want
My mother was told that her 98 year old father doesn't want her to visit him in the aged care facility and that she would not be allowed to enter the building because that is the facilities legal requ… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi My 89 year old Mother has dementia. She lives with
Hi My 89 year old Mother has dementia. She lives with me, Dianne (daughter), and is cared for by me, in a granny flat attached to our home. Her home is currently being rented out. Her (will) leaves me… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My sister obtained power of atourney 3 years ago. my father
My sister obtained power of atourney 3 years ago. my father without my knowledge agreed to this and I only found out 6 weeks ago. he is 98 years of age and he signed his $600 .000 house over to her. H… read more
Peter G.
Peter G.
Solicitor
Bachelor\u0027s Degree
767 satisfied customers
My Father is in a nursing home and my sister has power of attorney,
My Father is in a nursing home and my sister has power of attorney, she has already refused to let me talk to my dad on the phone in Sep/Oct last year (he has mild dementia) I have asked her & the nur… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi, I would like some advice. I am asking this on behalf
Hi, I would like some advice. I am asking this on behalf of my mother. My aunt has dementia and is in a nursing home in Victoria. Her daughter is her administrator. Until 2 months ago my aunt had her … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have a 90 yo mother who is insisting she live in her apartment.
I have a 90 yo mother who is insisting she live in her apartment. She has dementia & paranoia issues. The management of the building would like her removed. They are rude to me, I am her daughter. My … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My father and mother had reciprocal power of attorney over
My father and mother had reciprocal power of attorney over each other. Then my father diedand my mother become mentally competent due to dementia, and is now in a nursing home in QLD. My sister applie… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I like a power of attorney form of financial for my sister
I like a power of attorney form of financial for my sister who has a dementia disease , so she could sign it before she became incapable. We are from Victoria… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Good morning. Back in early 1980s, my husband and I raised
Good morning. Back in early 1980's, my husband and I raised my sister's daughter, from the age of 4. A few years after she came to live with us, we asked the question of adopting her. My sister and I … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
please help. my sister and brother are joint power of attorney
please help. my sister and brother are joint power of attorney for my mother.my sister has missaprioated money from mum from rent of houses and kept all money herself. my sister and mother have 2 prop… read more
Peter G.
Peter G.
Solicitor
Bachelor\u0027s Degree
767 satisfied customers
My uncle is in hospital and dying from terminal cancer. His
My uncle is in hospital and dying from terminal cancer. His wife has had to go into a nursing home as my uncle was her full-time carer. They have no children. My aunt has 4 nieces / nephews (1 lives i… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My uncle is in hospital and dying. His wife is in a nursing
My uncle is in hospital and dying. His wife is in a nursing home. They have no children. There are 4 nieces / nephews on the wife's side (1 lives in Sydney, the others in Brisbane) and 3 on my uncle's… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi, my mum is in a high care facility (Audrey Pride Centre,
Hi, my mum is in a high care facility (Audrey Pride Centre, Warrnambool) and in the last stages of dementia. My half sister who has power of attourney does not speak to me at all. I have told the cent… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Is an application under guardianship legislation necessary
Is an application under guardianship legislation necessary? in this case - Bill is 79 and lives on his own. He has dementia and lacks insight into his health and personal needs. He receives in home se… read more
Leon
Leon
Solicitor
Master's Degree
27,635 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