Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Christine M.

Member
14 March 2017
1
0
1
Legality of EPA over my sister.

I live in Hobart & my sister in Brisbane. She is 71, of limited mental capacity & is easily swayed by others. She has 2 friends whom I shall call 'M' & M's boyfriend 'B'. B is a taxi owner. They both lived with her for 9 months about 12 years ago, while their house was being built (so I've been told). I've never met them.

M takes her shopping & accompanies her to doctor's appointments. My sister spent a short time in hospital in December 2016, admitted by M. I was not listed as next of kin in the hospital's records. The hospital would not tell me anything about my sister's condition. Anglicare was directed to oversee her health care with occasional home visits.

In late January, I paid a visit to her in Brisbane - she tells B everything & does everything he asks - so knowing I was coming, B organised an Enduring Power of Attorney, nominating himself, with a taxi driver mate as witness & lodged it with the solicitor acting for M, B, & sister before my arrival.

On Thursday March 2nd, Anglicare finally informed me that the hospital had diagnosed dementia (I don't know what stage). I was advised to talk to her doctor about her condition, but he refused to speak to me on the grounds that it was a 'conflict of interest'. M. & B. are my sister's sole legatees.

I have been unable to find their address - neither is on the Electoral Roll, & the one supplied to Anglicare is bogus. My sister's response to any of my questions is 'I don't know' or 'I don't remember' or 'None of your business' - she has been thoroughly schooled by B.

My Brisbane solicitor's efforts to help me have proved fruitless. It seems to me that since the EPA was signed after the diagnosis was made, it is an illegal document. Also, the witness should have confirmed with her doctor as to her capacity for informed consent, as per page 11 of the Short Form of the EPA document, & this should have accompanied it.

As I see it, B., the witness, & the solicitor are all guilty of dereliction of duty of care. My sister now has a debit card organised by B., which will give him open access to her bank funds via her PIN. The information supplied by both QCAT & the Public Guardian on this matter are of little use - my sister would simply refuse point blank to attend an appointment with either another GP, or specialist, which would be the first step.

Any help on this matter would be most welcome - many thanks.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,781
928
2,894
Get a lawyer, go to court and have the EPA declared invalid.