QLD Being Sued for Debt as Mum's Representative - Public Trustee Paid

[deborah gepp]

Hello, I signed an agreement as my mum's representative for her nursing home as she has dementia.
I am being sued for an amount owing but the public trustee has been paying the debt which I have only found out today.

Can they sue me for the full amount when someone has been paying off the debt before I was served with a statement of claim. Isn't that double dipping as they are being payed twice for the one debt?

 

[John R]

Hi Deborah,
Yes, given the circumstances, it appears unreasonable for the nursing home to be claiming repayment of the same debt from two parties.
That said:

1. Has the Public Trustee paid the debt to the nursing home in part or whole?
2. Have you contacted the nursing home and advised them that the Public Trustee is paying the debt? If yes, how have they responded? I assume that there has been some discussions given that they've served you with a statement of claim.

 

[deborah gepp]

Hi Deborah,
Yes, given the circumstances, it appears unreasonable for the nursing home to be claiming repayment of the same debt from two parties.
That said:

1. Has the Public Trustee paid the debt to the nursing home in part or whole?
2. Have you contacted the nursing home and advised them that the Public Trustee is paying the debt? If yes, how have they responded? I assume that there has been some discussions given that they've served you with a statement of claim.

Hi John
The public Trustee took over POA of mum and from the date of that happening they have been slowly paying the debt off as they told me basically they inherited the debt. This was before the home served the statement of claim on me and mum. Mum is the first defendant and I'm the second. The home will not communicate personally with me only through their lawyers so far the are seeking the debt and 57k of legal fees.

 

[John R]

Hi Deborah,

1. $57K in legal fees is a fair amount - How long has the debt dispute being going on for?
2. Which court is the matter in? Given the amount, I assume District Court of Queensland?