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Ian Curtis

Well-Known Member
7 December 2016
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I am wondering if I have a case for lodging a caveat on my widow mother's house which I live in while she is in a nursing home with dementia. Me being Mum's live-in carer for over two years, Centrelink does not consider the house an asset while I continue to live there. My sole sibling is insanely jealous and would rather my mother's estate (and our inheritance) be financially eroded than see me live there. Cut nose, spite face.

I have a joint Power of Attorney with my sibling however the sloppy lawyer (my cousin) allowed the form to be filled improperly. I noticed 6 months after the Power of Attorney was signed but he said not to worry since the intent was clear. Now my sibling has crossed out the "improper" part, making it look like I have no PoA status anymore.

It is clearer if you see the registered PoA for yourself (scroll to see the second image too). I only found out about this dodgy registration last week.

I am worried my sibling will try to mortgage or sell the house from under me. You may think this would be pointless because I would probably win if I contested any such move in court and besides, the money could not be touched while my mother is alive, however my sibling is being vindictive and will do anything to make my life difficult even if we all lose out (as long as I lose out more).

The sloppy lawyer cousin wants nothing to do with this because he does "not want to get involved". Yeah, lame I know.

I could go to NCAT and redo the PoA but that would take time and I need security ASAP.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Ian,

There are penalties for placing a caveat on a property you do not have a "caveatable interest" in. I think it sounds like you do have a interest in the property. Part 7A of the Real Property Act 1900 (NSW) REAL PROPERTY ACT 1900 deals with caveats, but you may want to speak to a lawyer and maybe not your cousin this time.
 
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Rod

Lawyer
LawTap Verified
27 May 2014
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Now my sibling has crossed out the "improper" part, making it look like I have no PoA status anymore.

Unless the crossed out section is countersigned by both parties it is not effective. Suspect you are in for a some legal fights.

If any action is started to sell the property then you go to court seeking an urgent injunction stopping the sale until legal issues are worked through. A solicitor's letter might be a good idea putting your sibling on notice re: POA being effective.

Recommend getting real legal advice and having the POA fixed.