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NSW Obtaining Guardianship or Power of Attorney for Mother?

Discussion in 'Wills and Estate Planning Law Forum' started by Gail68, 13 July 2015.

  1. Gail68

    Gail68 Member

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    My father recently passed away and my mother has been in a nursing home with Dementia for the past 2 yrs. How do I go in getting guardianship or POA ( power of attorney), if I can?

    Dad was in the midst of getting paperwork in which the nursing home he was in was organising it for him as I live interstate. Unfortunately he passed away before it could be done.

    I have always been listed as next of kin, an emergency contact for both of them. Dad also had me as his nominee with Centrelink and my name on his insurance joint with his car so I do have proof of helping them and being there in time of need.

    Any advice on what my next step I can do and what paperwork I would need.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Gail68,

    The type of POA you want is an enduring power of attorney which enables attorney to make financial and personal decisions when the principal is unable to make their own decisions. However in order to make one, you need to have capacity in the first place. Therefore if your mother already has dementia she may already not have the requisite capacity to appoint you as her POA. You will need to have her assessed specifically for this by her medical practitioners.

    If she does not have mental capacity to appoint an attorney you will need to obtain court orders appointing you as her guardian and administrator through SACAT which will authorise you to make personal and financial decisions on her behalf. This will require a medical report as well to prove she does not have capacity.

    Check this site out for further info: What is a guardianship order?
     
    Tim W likes this.

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