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My mother died on 11/3/2021. She made changes to her will
Hi, My mother died on 11/3/2021. She made changes to her will making my sister sole executor whereas before I was also an executor along with my brother who died four months before my mother. The chan… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Potts Point, NSW) My question is in relation to the
My question is in relation to the execution of a General Power of Attorney. Currently my mother has dementia and she has recently had a full Testamentary Capacity Assessment by a specialist gerontologist. Since 2016 (when my 93 year old mother was of sound mind, was instructed by her solicitor to complete the necessary documentation to make my sister, and Mums solicitor, Enduring Power of Attorney. At the same time my mother also completed the necessary legal documents to have my sister and I appointed as her enduring Guardians, she also has an ACD. My mother now wants to make my brother an Enduring Power of Attorney and Enduring Guardian, however, due to my mothers incapacity, she cannot do this. To appease my mother and give my brother a 'sense of power/involvement', the solicitor earlier this week met with my mother and brother to draw up a General Power of Attorney, however, all 3 children are appointed to act jointly. My mother has signed this, my brother has signed (solicitor has witnessed) My sister and I are not sure what the ramifications are if we either sign or not sign. In other words for the GPOA to take effect, do all 3 of us have to sign to make it legal? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
FOR MY MUM, SHE NOW LIVES IN A NURSING HOME AND I HAVE MY
I AM EPOA FOR MY MUM, SHE NOW LIVES IN A NURSING HOME AND I HAVE MY SISTER WHO LIVED WITH HER LIVING WITH ME (SHE HAS AN INTELLECTUAL DISABILITY) I WORK FULL TIME AND CANNOT KEEP MAINTAINING BOTH HOUS… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
Can a person be charged with fraud if they withold medical
Can a person be charged with fraud if they withold medical information from the solisitor about her capcity to get anew epoa for monetary gain … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
My mother passed away 3 weeks ago. My mother passed away 3
My mother passed away 3 weeks ago. In the years just before that, she was in government housing (in Perth, W.A.), with my brothers and sisters looking in on her. As she progressively changed from being quite independent to suffering dementia, my brothers and sisters shared the task of calling in on her and doing some general cleaning, preparing meals, and looking after her banking. I never thought to be kept informed of her financial affairs because my two sisters just took control of that. I now have reason to be suspicious that my mother's financial affairs might have been manipulated to favour at least one or both of those sisters. Also there were cleanliness issues in the unit where my mother lived, just before she was put into a nursing home, about 18 months ago. I am also concerned about my mother's will, not so much what I might be left with, but whether it was legally prepared before my mother's dementia was realised. Sorry, I started the previous message and when I hit the "enter" key to start a new line, my unfinished message was sent. I am the only son (my mother's oldest) of 5 surviving children, 2 sisters, 3 brothers, who lives in Brisbane, all the others are in Perth. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Some weeks ago, I contacted you in regard to myself
John, Some weeks ago, I contacted you in regard to myself following up with a QLD solicitors practice and obtaining a copy of my/ our mothers will and last testament ...It has arrived and as expected,… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
Thank you and Leon, my mother never saw and or had a medical
Thank you and good afternoon...Leon, my mother never saw and or had a medical history with a doctor, until she turned approximately 85yrs of age, when she had a TIA while shopping and went to hospital… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
I need to obtain a land titles certificate as EPOA for my
Hi ,I need to obtain a land titles certificate as EPOA for my mother for her entitlement.Her sister and husband died and house is currently owned by deceased.I live in QLD unable to obtain it myself. … read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
My dad has dementia and his carer has enduring power of
Hi there, my dad has dementia and his carer has enduring power of attorney. They live in NSW and we (his family) live in QLD. She has verbally agreed to allow for my dad to be moved to QLD to be cared… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Possibly. My mother has been made a permanent resident in an
Possibly. My mother has been made a permanent resident in an aged care facility by my sister who is her EPOA but against my mother's wishes. Now my sister intends to sell my mum's unit also against he… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
My elderly mother gave her credit card to her granddaughter
My elderly mother gave her credit card to her granddaughter to shop at Woolies for her, but mum didn't know she was also helping herself to money at the atm. We think it was around $8000. When we caug… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
Tina, I would like some advice on my elderly mother's legal
Hi Tina, I would like some advice on my elderly mother's legal position. She gave my elder sister power of attorney, and my sister has enacted this. She has full access to Mum's pension, and has put m… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
My sister has power of attorney and guardianship powers
my sister has power of attorney and guardianship powers for my mother. she recently placed her in a home an sold up or dispersed her belongings. my mother had very little participation in this, includ… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
Hi - I currently have an enduring power of attorney for my
Hi - I currently have an enduring power of attorney for my elderly mother who is in a nursing home in Qld. There have been some issues with lost/missing cheque payments made to the nursing home (thoug… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
My Sister and her boyfriend has moved in down stairs at my
My Sister and her boyfriend has moved in down stairs at my mum house, which they have been living there on and off for a few years now. I have got concerns as my mother has dementia and also my sister… read more
Leon
Leon
Solicitor
Master's Degree
52,625 satisfied customers
my mum has dementia and was place in aged care by her son,
my mum has dementia and was place in aged care by her son, he now refuses access to other family members and is requesting support from his doctor to write a report so mum cannot stay overnite at othe… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
In the case of an enduring power of attorney, is the family
In the case of an enduring power of attorney, is the family member who holds the EPOA required to consult with other siblings when making major decisions? Also, is the EPOA permitted to withhold infor… read more
Patrick H.
Patrick H.
Lawyer
5,422 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
52,625 satisfied customers

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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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