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VIC Carer Pilfering Mother's Superannuation - Rights to Control Her Finances?

Discussion in 'Wills and Estate Planning Law Forum' started by Nez, 11 June 2015.

  1. Nez

    Nez Member

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    My mother was hospitalised yesterday, and a few things came to light. She has a carer, who my sister and myself are thinking may be pilfering her superannuation. It was revealed yesterday that my mother has given her access to her pin numbers and key card.

    We believe that our mother is possibly in early stages of dementia, although this has not been diagnosed. We spoke last night and feel that it may be time for us to step in and request control of her finances, so that she has enough money to live through her retirement.

    My questions are, what rights under family law do we have as her children to make this happen? Although she appears to be cognitively functioning is there a way for us to somehow assume the power to ensure that she will not get cleaned out completely?

    Thanking you in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Family Law probably isn't your go-to in these circumstances.

    In Victoria, there is a service called the 'Office of the Public Advocate' which serves to protect the rights and interests of vulnerable persons, including those who may be experiencing limited capacity to make decisions for themselves. It would be worthwhile contacting them to discuss your mother's situation and receive some guidance about your options.

    The Office will also be able to give you some information about Power of Attorney options. Power of Attorney is where you become responsible for making decisions on another person's behalf if that person at any time becomes incapable of doing so, such as in the case of dementia.

    Have a look here for some more information: Home — Office of the Public Advocate, Victoria, Australia
     

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