VIC EPOA while in Liquidation
- Thread starter AstraChick
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I also posted this question under the criminal law forum
probably more suited to here added to the above question
I have done alot of investigating over the last year to try and find the truth.
This incident happened in 2014, Victoria.
I now feel this may be a criminal matter but not sure if this maybe a civil matter.
I have hospital records that my older sister stated to hospital staff that she held an Enduring Power of Attorney over our mum, hospital have told me that they don't keep a record of the EPOA.
I have paperwork that sister was in liquidation from a failed business and lost her home.
Sister's defacto partner was also part of the liquidation and had a court case pending but the petition was withdrawn due to payment.
Mum's retirement unit was sold off just before court case and Older sister and defacto partner all of a sudden had all this money to start up this new business which is the same as previous Liquidated Business.
I am unable to get Bank Records regarding where all the money went before our mum passed away, or i just haven't asked the right questions. Sister kept telling me lies.
Do i, Report fraud to police or apply to vcat as @Jacqui Brauman has quoted to another similar post.
I am hoping someone here can help/advise me.
TIA
Please anyone i really need some help here
probably more suited to here added to the above question
I have done alot of investigating over the last year to try and find the truth.
This incident happened in 2014, Victoria.
I now feel this may be a criminal matter but not sure if this maybe a civil matter.
I have hospital records that my older sister stated to hospital staff that she held an Enduring Power of Attorney over our mum, hospital have told me that they don't keep a record of the EPOA.
I have paperwork that sister was in liquidation from a failed business and lost her home.
Sister's defacto partner was also part of the liquidation and had a court case pending but the petition was withdrawn due to payment.
Mum's retirement unit was sold off just before court case and Older sister and defacto partner all of a sudden had all this money to start up this new business which is the same as previous Liquidated Business.
I am unable to get Bank Records regarding where all the money went before our mum passed away, or i just haven't asked the right questions. Sister kept telling me lies.
Do i, Report fraud to police or apply to vcat as @Jacqui Brauman has quoted to another similar post.
I am hoping someone here can help/advise me.
TIA
Please anyone i really need some help here
Clause 28 of the Power of Attorney Act in Victoria - someone who is insolvent is not eligible to be a POA http://www.legislation.vic.gov.au/D...BCA257D40000EE0B2/$FILE/14-057abookmarked.pdf
But it sounds like your case might be older than this legislation.
VCAT is the jurisdiction to make an application in - in the Guardianship and Administration list. You can bring a power of attorney to VCAT for them to account for their actions during the time they were acting.
But it sounds like your case might be older than this legislation.
VCAT is the jurisdiction to make an application in - in the Guardianship and Administration list. You can bring a power of attorney to VCAT for them to account for their actions during the time they were acting.
Thank you so much @Jacqui Brauman for the reply, i will have a read through the link tonight.
Incident happened April 2014, its just really sad that my mum ended up passing away Aug 2014.
I have currently asked the bank for bank statements, they have told me that Older sister was executor, i am currently waiting for them to let me know if they can give me bank statements and sisters solicitors details. The bank need to speak with their legal team first before they can give me anything, well this is what they told me last week.
I'm assuming their is no Will, due to the money disappearing before mum passed away and there has been no probate lodged, I know probate doesn't have to be lodged for very small amounts.
My other concern is this might be "early inheritance syndrome" older sister claiming everything and now that mum has passed on there is probably nothing i can do. No Will / No Probate, so i cant contest a will ?
Have i left it too late to take this to VCAT?
Incident happened April 2014, its just really sad that my mum ended up passing away Aug 2014.
I have currently asked the bank for bank statements, they have told me that Older sister was executor, i am currently waiting for them to let me know if they can give me bank statements and sisters solicitors details. The bank need to speak with their legal team first before they can give me anything, well this is what they told me last week.
I'm assuming their is no Will, due to the money disappearing before mum passed away and there has been no probate lodged, I know probate doesn't have to be lodged for very small amounts.
My other concern is this might be "early inheritance syndrome" older sister claiming everything and now that mum has passed on there is probably nothing i can do. No Will / No Probate, so i cant contest a will ?
Have i left it too late to take this to VCAT?
I don't know the limitation period off the top of my head - the Limitations of Actions Act in Victoria allows 15 years on personal estates (see sections 21 and 22). So it's worth a try.
If your sister has taken funds while a power of attorney, she has acted in conflict of interest to her role. An investigation can be done, and orders made against her for the repayment.
Yes, the problem then is that there probably is no money. But at least you can say that you've done everything you could.
Criminal charges may also apply to your sister.
If your sister has taken funds while a power of attorney, she has acted in conflict of interest to her role. An investigation can be done, and orders made against her for the repayment.
Yes, the problem then is that there probably is no money. But at least you can say that you've done everything you could.
Criminal charges may also apply to your sister.
This is why i am doing this @Jacqui Brauman atleast i have tried everything i can but most importantly is accountability, she needs to be held accountable if she has done this. She thinks she's smarter that everyone else but she didn't count on me finding out and doing some investigations of my own. There's always a paper trail, i'm trying to get as much info as i can as evidence before i take this to VCAT.
I did report this as a fraud case to the police with all my evidence but i don't think they want to do anything as they have told me its a civil matter.
When you say an investigation can be done, and orders made against her for the repayment, What do you actually mean ?
I did report this as a fraud case to the police with all my evidence but i don't think they want to do anything as they have told me its a civil matter.
When you say an investigation can be done, and orders made against her for the repayment, What do you actually mean ?
You don't need much evidence.
You just need to ask for VCAT to ask your sister to account for her time as power of attorney, and ask for hereto confirm her insolvency status during that time.
If what she provides is not sufficient for VCAT, VCAT will order the Public Advocate to investigate.
You just need to ask for VCAT to ask your sister to account for her time as power of attorney, and ask for hereto confirm her insolvency status during that time.
If what she provides is not sufficient for VCAT, VCAT will order the Public Advocate to investigate.
what forms do i fill out at vcat for sister to account for her time as EPOA and confirm her insolvency status during that time ?
I have a copy of her and her de-facto's personal insolvency record and her and her de-facto's failed business ASIC doc showing in liquidation.
I only have hospital records that show sister holding EPOA but i don't have a copy of the EPOA.
I will go back into the bank tomorrow and see if they will give me more information.
Thank you so much @Jacqui Brauman your information is very much appreciated.
I have a copy of her and her de-facto's personal insolvency record and her and her de-facto's failed business ASIC doc showing in liquidation.
I only have hospital records that show sister holding EPOA but i don't have a copy of the EPOA.
I will go back into the bank tomorrow and see if they will give me more information.
Thank you so much @Jacqui Brauman your information is very much appreciated.
Here's the form: Application for order - Powers of Attorney | VCAT
Thank you @Jacqui Brauman very much appreciated
I did go into the bank and spoke to the branch manager but privacy wont allow me to have access.
My other question is should i apply for Bank Statements / where the unit sale proceeds went and older sister's solicitor's information
before i lodge the Application for order - POA ?
I did go into the bank and spoke to the branch manager but privacy wont allow me to have access.
My other question is should i apply for Bank Statements / where the unit sale proceeds went and older sister's solicitor's information
before i lodge the Application for order - POA ?
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