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I have just received notification from a doctor that father…

I have just received...

I have just received notification from a doctor that father is to be admitted to a dementia ward in an aged care facility. Are we able to dispute this decision and how do we go about it

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

South Australia he has enduring power of attorney and guardianship old system not new style

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

You are the first step

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

Apparently the main reason is because he is getting about the yard naked quite a bit

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Answered in 5 minutes by:
3/23/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon

Who made the decision?

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Customer reply replied 4 months ago
Dr Myktta geritrician

Good Afternoon,

Does the doctor hold the power of attorney and guardianship over your father?

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Customer reply replied 4 months ago
no i dont believe so
Customer reply replied 4 months ago
my two elder brothers

Good Afternoon,

your 2 brothers have the right to make a decision for your father if they hold the power of attorney and guardianship.

They can listen to the doctor and follow his advice, but if they do not wish to place him in a home they do not have to do.

If your father requires 24 hour care and nobody can provide that to him, then the doctor can take the matter to court and override the power of attorney and injuring guardianship and get orders for your father to be placed in appropriate care.

But having said that if your brothers have a power of attorney and enduring guardianship they can make a decision on whether your father enters into the home or not.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Thanks leon thats sufficient for the time

Good Afternoon,

all the best and good luck.

Please do not forget to write my work five-stars so that I can be paid, and be able to continue to provide this service.

Thank you for using JustAnswer.

Regards,

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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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).

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