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I have been living at my mothers property in Melbourne and…

Customer Question
I have been living...

I have been living at my mothers property in Melbourne and acting as her carer for the past year, as she has demnentia, my Sister has the power of attorney and has coerced my Mother to go to Perth and now intends to sell the property and put my other into care. My Sister sent me a notice of the 1st March to vacate the property on the 13th March as the acting power of attorney. I responded by questioning the validity of POA at law and that she is not acting as per my mothers wishes or best interests.

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

She subsequently changed the locks on the 13th March without reference to my letter calling into question the validity of the POA. There has been no court order obtained. My intention is to go to VCAT to set aside her POA and get a third party appointed. My current issue is i need to get the locks changed again SBI can enter the premises as it has been my principal residence. I am in Victoria and we have exchanged letters but no paperwork filed as yet.

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

Nothing filed or reported as yet

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

I wish to change the locks and stop any further sale action on her part until my mothers POA is resolved

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/14/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,306
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

by any chance do you have a copy of the POA ?

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Solicitor: John Melis, Lawyer replied 4 months ago

Your thinking is correct to dispute the POA.

You need to raise an application in VCAT under the enduring guardianship division.

It is very important that you obtain the necessary medical reports in support of your application to keep your mother in Melbourne.

If you prepare your case in the correct format you will be to have the POA changed in your mother’s best interest.

Does this answer your question today ?

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Solicitor: John Melis, Lawyer replied 4 months ago

have I answered your important question ?

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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).

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