NSW Guardianship - Can Sister Forbid Me from Matters Regarding Our Mother?

[GDaish]

I have serious conflict with my sister who has enduring guardianship for my mother who has mild dementia but has not lost capacity to make many decisions. For example, she may not be able to write a cheque but she could certainly choose which is a nicer establishment in which she would like to live.

First question, I have wanted to place a $20,000 refundable deposit on a nursing home run by the same people as where she has been for approximately 6 weeks. The other facility in the view of 2 other sisters is more suitable to her interests, comfort, inspiration and enjoyment. It is brand new and opens this week.

My sister, the enduring guardian, has forbidden me to make this deposit. Is this allowed? As my mother has mobility issues, I would not take her to visit until she is more mobile, show her and ask her which place she prefers. She is capable of making this decision without any outside influence as she still has capacity. The deposit simply holds a room for six months.

My sister has also banned me from taking my mother to visit any alternative nursing home. I am allowed to take her out, but not to view any other establishment. In my view, this is my mother's decision, not the enduring guardians.

Lastly she has been blocking information about dr's visits, results of examinations and reports. Am I allowed to attend any of the dr visits she has as long as my mother agrees?

 

[Hayder Shkara]

Is the enduring guardian already in effect?

When you sign an enduring guardian, you choose on when you want your guardian to become your guardian. Some nominate for it to happen immediately. Some nominate it for it to occur when they are brain dead. Check this.

If she is nominated - the guardian makes decisions in relation to nursing homes.

If you want to fight the nomination - this is a whole other story altogether.

 

[GDaish]

How can she make decisions in relations to nursing homes when she still has capacity to make her own decisions.

Yes she is using the enduring guardianship to her full advantage at the moment, disregarding the fact that it is only legal once my mother loses capacity. She has indeed lost capacity in some domains, but not all, capacity is decision specific as you know.

 

[Hayder Shkara]

Is your mother upset about the decisions being made?

Your mother appointed your sister to be her guardian. I assume this was done at a time when she was coherent. When you appoint someone as your guardian you give them the authority to make those decisions.

If the document requires your mother to lose complete capacity before the guardianship comes into effect, then your sister has no right in making those decisions.