Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Wanting to know, is it legal to invite an 86 yo to dinner…

Customer Question
Wanting to know, is...

Wanting to know, is it legal to invite an 86 yo to dinner and then spring a capacity assessment whilst the person has no independent representation present, where the adult children interpret or promt answers?

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

Victoria

Lawyer's Assistant: What steps have you taken so far?

I have only just found out this was done to my mum without her knowledge and I was excluded from knowing or attending. Im 1 of 4 adult children.

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

Im not certain.

Submitted: 3 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 hours by:
3/22/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,280
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.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 3 months ago

when a assessment of capacity is to be carried out, it can occur at a dinner party, but there will need to be two medical professionals of the required profession to be present to confirm and ask the relevant questions in relation to capacity.

following this procedure will avoid the capacity if the individual being contested at a later date.

If you need any further information please let know.

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

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

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
This answer in not satisfactory. Since reading your response I have reservations as to the legality of an in home assessment with people who have a vested interest in the outcome being a certain way. The fact that thise same people interpreted or prompted answers is also a matter. The person had no independent representative. Therefore I conclude your answer was far too vague.
Solicitor: John Melis, Lawyer replied 3 months ago

an in home assessment can be done and it is legal, as long as there are two medical professional of independence that are present that can carry out the required tests.

in home assessments are regularly done with elderly people to make it comfortable or that person.

it is a proper legal process and the law supports the same.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 3 months ago

as i mentioned in my first post, the main element to is to have the two medical professionals due to the age of the person. These medical professional can be a local doctor, which one of these doctors must have known the person for a minimum of 6 months.

the children can ask the questions, there is no issue on this point. The medical professional needs to witness the reply to determine capacity.

I hope this answer your question on this matter. The law is very clear as to the requirement of medical professionals to attest to mental capacity.

If you need any further information please let know.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Well as far as we can ascertain, there is still no consent sought, nor was there S professional that knew the person in question other than 2 of 4 Adult children.. Asking the questions us not the issue, it is whether they prompted or interpreted the questions without bias. Remembering they have a vested interest in deeming the person incapable.
Solicitor: John Melis, Lawyer replied 3 months ago

on the basis of your recent comments, in this instant deemed capacity for changes in legal documents, will be invalid on the basis that the mental capacity was not attested to correctly in proper procedure.

I have extended a special offer to talk on the phone, please look, it will help you if needed.

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

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 John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,280
3,280 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis 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

3,280 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
If my dad is trying to force me to go back home with him,
if my dad is trying to force me to go back home with him, but hes abused me and a number of my siblings … read more
John Melis
John Melis
Lawyer
3,280 satisfied customers
My mother would like to transfer ownership of the family
My mother would like to transfer ownership of the family farm to my brother ( … read more
John Melis
John Melis
Lawyer
3,280 satisfied customers
I have a small dance school. A family of mum, dad, and 4
I have a small dance school. A family of mum, dad, and 4 children take classes. Over 12 months ago the couple split and dad said he couldn't afford classes although he wanted them to dance and mum said she would pay for them. So with huge discounts she managed and as always i have given her account. Lately the dad is wanting copies of invoices and mum does not want me to give him copies. He says he is a parent and should also receive copy. What is my legal requirement here. All accounts have been paid over the past 12 months by the mum. The dad, mum and kids all still attend classes so quite a difficult situation. Could you please advise whether I legally should be giving them both accounts please. Helen C … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Because I did not expect to write a literary or a simplistic
Because I did not expect to write a literary or a simplistic set of sentences I shall return. … read more
John Melis
John Melis
Lawyer
3,280 satisfied customers
I'm just wanting some legal advice please, im in south
its about 4 of my children who are in foster care in NSW and there foster parents want to adopt them… read more
John Melis
John Melis
Lawyer
3,280 satisfied customers
I am watching unfold a case of bias against my daughter {39
Good evening My name is ***** ***** I am watching unfold a case of bias against my daughter {39 yo) who has had her 11 yo son removed from her care in September 2016.. She was in an undesirable relati… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I need help in regard to adminstration and guardianship. My
Hi I need help in regard to adminstration and guardianship. My eldest sister and I have been POA for our mother since September the 2nd 2013, our mum did not want our other sister to be POA. Mum has l… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have a 15 yr old who is my sons girlfriend move in with
I have a 15 yr old who is my sons girlfriend move in with me. She ran away from her dads and went to her mums. Her mum asked if she could live with me to finish senior school. The dad has a court orde… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, my husband and I need some advice. His ex wife has been
Hi, my husband and I need some advice. His ex wife has been taken by the ambulance n police because she threatened to harm herself. She has been abusive towards her partner. Her 18yr old lives with he… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Why does Australia not recognize the basic right to legal representation
Why does Australia not recognize the basic right to legal representation in legal proceedings? I refer specifically to Qcat proceedings.… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
A follow up re custody of child. Father had child from 20/12/13
A follow up re custody of child. Father had child from 20/12/13 to 11/1/14 mother to have her until school commenced and put her into Wangaratta where she has been. Mother flew to Alice springs and di… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My ex Husband has just moved a girlfriend into his apartment.
My ex Husband has just moved a girlfriend into his apartment. I have had no prior knowledge of the girlfriend or his plans and know nothing about her. He has told the kids to call her "Mummy" and that… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My brother lives in Victoria and is a returned serviceman from
My brother lives in Victoria and is a returned serviceman from Iraq. He has a son in Townsville. He visits his son. He has found out that his son is living 5 nights a week with his grandparent. The mo… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
"Teenage Drinking Law Victoria: Letter to send to parents
"Teenage Drinking Law Victoria: Letter to send to parents for their permission. Would you kindly send me a template of the letter I should send so I know it will have all the criteria covered with the… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
In 2006 my brother took my mother to change her will and I
In 2006 my brother took my mother to change her will and I was worried why he would need to do so as my mother had always said that everything was left equally to her children. I was aware that it had… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
The exhusband and I have been separated since Aug 2009 with
The exhusband and I have been separated since Aug 2009 with financial settlement not yet agreed. I am the major income provider and have paid the mortgage prior to and since he left and also had respo… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
hi my name is amy and i was just refussed leagel aid because
hi my name is XXXXX XXXXX i was just refussed leagel aid because docs are on my side or something like that... so i was wondering on what i should do as i have had this child deanna on and off from bi… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Im from NZ, lived in vic for 1 year I have custody of my granddaughter
Im from NZ, lived in vic for 1 year I have custody of my granddaughter from a NZ court. We are wanting to change her name, how can we go about this?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 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