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As to date I have been my mothers Power of Attorney, but to…

As to date I...

As to date I have been my mothers Power of Attorney, but to be advised today by one of my sisters that I am no longer mums power of attorney.

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

I am in South Australia. I have not seen any paper work re this change other by email received from my sister who took our mother to Queensland yesterday for supposedly 3 weeks holiday. Mum is diagnosed with advanced dementia and is 93 years of age. I feel that my sister Kaye in queeensland is intent on keeping mum up there permanently. I need some advice please on how could Kaye and my Brett (existing PofA) do this without any consultation or advice from me.

Lawyer's Assistant: What documents or supporting evidence do you have?

I have original Power of Attorney, mums will and assessment from geriatrician carried out on mum on 19th Feb 18 at Regis Playford Nursing Home where mum aged 93 resides.

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

My sister Kaye halso removed any authority I had to do with mums bank accounts at the B

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Answered in 5 minutes by:
3/15/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,562
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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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how was the authority removed ?

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Customer reply replied 5 months ago
I am unable to answer that. The only notification I have to that affect is in an email from my sister Kaye. The Bendigo bank has also declined my authority on mums account. Mum has advanced dementia and is not capable of understanding or signing for any changes to her affairs. How could the Bank just accept this.

your POA can only be removed through a tribunal.

were you the only party with the power under the POA ?

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Customer reply replied 5 months ago
Sorry, typing error - my sister (and brother) are NOW P of A.
Also, I have been removed from any authority which I had on my mothers bank account.
All of this has been done behind my back with no prior knowledge of what they were doing. Also two other sisters had no knowledge of this.
My father passed away 27 Dec 16 and wanted me to handle all my mothers affairs.​

the two other attorneys, your brother and sister cannot remove your power unless the POA permits them to do that or they have gone to the guardianship tribunal to have your power revoked.

do you have a copy of the power ?

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Customer reply replied 5 months ago
I do have a opy

ok, does that copy have a clause which allows the other attorney to remove another attorney ?

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can you upload a copy of the power ?

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Customer reply replied 5 months ago
It states
I declare this power to become effective
Upon the execution of this deed and remain effective notwithstanding that I may suffer any subsequent legal incapacity.
Also That the power of attorney is an enduring power of attorney and as such may be exercised by me/us not withstanding any subsequent legal incapacity of the donor or ibn the event of any subsequent incapacity o the donor.

is there anything about changing attorneys or cancelling, revoking their power ?

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Customer reply replied 5 months ago
No it doesn't. The only other clause was
"that I/will be accepting this power of attorney, be subject to the requirements of the Powers of Attorney and Agency Act 1984".It is a pretty basic document really.

ok, then in this case the removal of you as an attorney was unlawful

you can raise a claim in the guardianship division of SCAT and they will restore your power.

your mother gave you a legal right as an attorney and the law will protect you to get it back.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 5 months ago
Did I advise you that my brother and I were both on the original PoA?
He is on the new PoA with my sister.
Does my brother have the right to act independently without my knowledge or consent in having me revoked?
The information you provide is very informative and helpful thank you.

you are most welcome

The law will protect your legal rights and that of your mother's

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Customer reply replied 5 months ago
just to clarify that even though my brother and I were on the original PoA, he does not have the legal right to make any changes to that PoA (eg delete or add person/s).

that is correct.

the power is silent on making changes, and they cannot removed you unless the guardianship board permits the same.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,562
Experience: Principal Lawyer at Legal AU Pty Ltd
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John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
Hi John, I still need some advice please.If my sister and brother went to a guardianship tribunal to have my PoA revoked, on what grounds could they have done this. How can I find out if this has been done? I have seen no evidence of new PoA.Wouldn't they have needed the original PoA which I have.Wouldn't they have needed mum to agree and sign for this to happen.I have now obtained confirmation in a Medical Report from my mum's GP which states that mum does not have the mental capacity to understand what is going or what she may have been asked to sign re my bank authorisation revoked and new authority.Before I apply to SACAT I need to know if I have just cause to make this application or am I wasting my time.Thank you.

thank you

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