NSW How to Prevent Estranged Sister from Taking Grandmother's Estate?

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Emerson33

Active Member
29 September 2016
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31
My grandmother is currently living in her home with my brother being her fulltime carer. He was only 19 when he took up the position after my grandmother's only son ( our father ) passed away.

For the last 2 years, he has done everything he possibly can to keep her in her own home, despite it being run down and frankly unsafe for an 88-year-old woman who has declined mentally. He has expressed the need for her to enter aged care .

The concern is our estranged sister and her partner are trying to convince her and become her new carer/carers. They have been forcibly removed from her property in the past for stealing her money and have started to "butter her up" knowing she has mental difficulties and may be about to go into a nursing home.

What, if anything, can be done to prevent them from taking advantage of her and her estate?

Note: she has expressed in her will that they are not to receive anything, and my brother setup a meeting with the guardian trustee but it was determined that she could not understand what she was signing, so a power of attorney couldn't be granted.

I would never be able to forgive myself or just laying down and seeing this happen, I'd much rather it all go to a charity than this cretin.

Thank you for any help you have. I haven't had anyone I know encounter a situation like this.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Hi Emerson33,

Is your main concern that they trick her out of her home or that they get her to change her will. Or that they challenge the will when she dies?

When you say estranged sister I assume you mean from you as she seems to be in contact with her grandmother?
 

Emerson33

Active Member
29 September 2016
6
0
31
My concerns are that they would try and gain her assets before the will comes into play ( from what ive been told its when she passes away ). Regardless of what happens, the social worker has told us she wont allow her to remain in her own home for much longer, unfortunately :( She has lived there since 1960.

She was estranged to all of us, her parter is known around town for scamming people out of money and anything else he can get. They haven't had contact with any of our family for some time now
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Well all you can really do is keep a close eye on things. Keep a record of every thing. If she is not competent then any PoA etc will be void.
 

Arche

Well-Known Member
20 March 2015
114
11
419
Hi Emerson,

You could think about contacting the Guardianship division of the NSW Civil and Administrative Tribunal (NOT the same as the NSW Trustee and Guardian).

In situations where someone is not competent to appoint a POA or Guardian but needs one, the Tribunal can hold a hearing and appoint someone to one or both of those roles.

See ncat.nsw.gov.au