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My sister in law has informed us that my husband's mother…

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Hi-my sister in law...

Hi-my sister in law has informed us that my husband's mother has been giving her money to "mind" for her for nearly 17 years. She has been lodging this in her own bank account and has told her mother she can have it whenever she wants it. My mothe in law is 88 with dementia Is this right?

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Submitted: 6 months ago.Category: Australia Law
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1/6/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,325
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 6 months ago

the money that has been given is held on the basis of a constructive trust.

in this situation the holder of those funds is not able to utlise them for personal purpose, and will be accountable for those funds held.

you first option is to bring a claim for mishandling of funds if that is case, and apply for financial guardianship.

have you considered this option ?

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Customer reply replied 6 months ago
Hi-just to carify. My husband and I are living with my mother in law for over 30 years. He is running the farm and we are the owners of the house and farm. She has lived here without oaying for anything for that lenght of time. She helped us with our children and in her old age we have looked after her. My husband brings her for her pension and we understood she was lodging her money in her post office account but after a family meeting we discovered her daughter had her post office book but was lodging her money in her own account because she reckoned her mother said she did not want her son to have it because he had "enough"!
Customer reply replied 6 months ago
No thanks to call
Solicitor: John Melis, Lawyer replied 6 months ago

ok,

what needs to be done is to raise a claim in the tribunal under the guardianship division to raise a claim for the control of the finance as they are being inappropriately handled. You will need further evidence to demonstrate this point to support the claim.

The other options is to ask the tribunal for the state trustee to manage the well being and financial affairs.

I have extended a special offer to talk on the phone if you prefer.

have I answered your question today ?

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Customer reply replied 6 months ago
What further evidence is needed? She told my husband she was minding it for her. He told her to lodge the money directly into his mothers account but she refuses to do so.
Solicitor: John Melis, Lawyer replied 6 months ago

you need order from the tribunal to obtain necessary bank records of your husbands mother to confirm that funds are being transferred to and the amounts. This is a key element of evidence required.

you may already have access to the this level of detail. if you do then a claim can start to be put together.

You can then seek another that the person receiving the show how the funds are being managed too

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Customer reply replied 6 months ago
I'm sorry but I'm not happy with your response. Did you read over it? it wasn't been transferred from a bank account-it was her old age pension that she collected every week so cash!
Solicitor: John Melis, Lawyer replied 6 months ago

you will still need to get the records of the transfers that show the money going into the other person's bank.

if there are only cash transactions, and there are no records, of any sought, it will be difficult to raise a claim.

however, if you get your mother medical certified that she is not of sound mind, then an order can be obtained from the tribunal that the pension be managed by the state on her behalf or the appointed person under the order of the tribunal

I have extended a special offer to talk to you on the telephone if you prefer

Have I answered your important question ?

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