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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22986
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My parent have wills that mirror each other, Dad has been

Customer Question

Hi, my parent have wills that mirror each other, Dad has been assessed as being unable to sign for himself and has no POA because when I tried to sort it my Mother refused to let anyone into the house to do it, he had informed his lawyer who he wanted to be his POAs, my brother and mother visited the Lawyer and tried to change it and take my name off and have my Brother for property alone, I contacted Age Concern who knew Dad ahd been assessed, hence the Lawyer pulled the pin, my Brother has asked the lawyer to apply to the Court but I have told the Lawyer I refuse to sign having him alone, I am not sure that my Brother know this yet but I have got my hands on a email conversation between my mother and brother (my mother is deaf so can only correspond via email or paper, she was too old to learn sign language), they are planning to change Lawyers (not for dad)and she is going to change her will and they plan to do other things that they will not be able to do with out Dad's POA.
My concern is Dad worked really herd and is very certain as to what he wants to happen when he is gone, they have loaned my Brother $600K, that is forgiven upon their death, my Daughter gets a 5 acre block of land and I was to get the house (worth approx $450K), my mother is likely to out live my Dad, does this mean if she changes her will I get nothing and what chances would I have to contest the will. I can't tell Dad what is going on as he has the beginnings of dementia and gets very upset about things.
I have had a meeting with a clinical psychologist and he believes she has a mental health issue but she refuses to be assessed. She is making dad's life miserable as well but that is another story, hence Age Concern being involved but they have come to a dead end.
Thanks for your help, I am totally stressed over this.
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

You are probably best getting the court to appoint property and welfare managers in this situation, and for your mother as well. You can then insist on independent managers being appointed and you can tell the judge about your concerns. If you have concerns that your mother is about to disinherit you then getting a property manager appointed for her as well will ensure any decisions are neutral and impartial.

Customer: replied 10 months ago.
Thanks for your answer, my Mother has not been assessed incapable of signing for herself, therefore we can't get the Court to appoint for her as she has my brother brainwashed so I have no support to do this. She has my brother alone as POA.
Expert:  Chris The Lawyer replied 10 months ago.
The best way would be to have a family mediation to resolve these issues rather than court. But if you believe your mother does have a psychiatric issue then this could be a basis for a court application. But mediation is the best option because you could avoid the stress and antagonism of a court application
Customer: replied 10 months ago.
We have to go to Court for Dad. I don't think I have any basis to go to the court for her as she hasn't been officially medically diagnosed as she refused the appointment, I met with the Clinical Psychologist, he could only go by emails that he had read and what I have told him. I guess what I really need to know is what evidence do I need to keep and collect to contest her will once she is no long er with us. A family meeting is a waste of time as my Mother will just not turn up or walk out. She did that when I called a family meeting at the hospital when Dad was in there, I was the only family member who showed up, very embarrassing!! We are to have a meeting at the present Lawyers regarding the court application for Dad, my mother doesn't realised the Lawyer has invited me as well. Hopefully the Lawyer will attack the question then. I just need to know I am heading in the right direction, as the lawyer is acting for my parents not me.
Expert:  Chris The Lawyer replied 10 months ago.
The lawyers meeting is where you need to raise these issues. If this turns badly, then you need to get some evidence about your mothers behaviour and an expert to comment and use this to have property and welfare manager guardians for her
Customer: replied 10 months ago.
Thanks, ***** ***** have copies of emails and recorded conversation.
Expert:  Chris The Lawyer replied 10 months ago.
They can be used as evidence