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WA Power of Attorney and Guardianship of Grandfather Dispute

Discussion in 'Wills and Estate Planning Law Forum' started by Wingnut, 23 December 2015.

  1. Wingnut

    Wingnut Active Member

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    My granddad appointed myself and another friend as Power of Attorney and Enduring Power of Guardianship due to no close family members essentially giving a hoot about him until he dies and then they fight over his estate. His son then comes back on the scene and wants to be involved in his life after he has been assessed as suffering dementia. We finally decide that my granddad can move interstate (NSW) from a dementia ward in a nursing home in Perth to one in Sydney that his son has organised him to move into. We even go as far as getting his son to sign a statutory declaration indicating that he is aware he has dementia, and will not contest that myself and another friend of his are Power of attorney and Enduring Power of Guardianship.

    All goes well until they land in Sydney and my granddad and his son disappear without a trace and don't return any phone calls, etc, nor does he deliver him to the nursing home that is expecting his arrival. The next day, myself and the other Power of Attorney and Enduring Power of Guardianship, receive paperwork from a solicitor in NSW indicating that my granddad is revoking our Power of Attorney and Enduring Power of Guardianship and furthermore we are to have no contact whatsoever with my granddad from here on in.

    Police are called and track down my granddad, but there is basically nothing they can do apart from checking up on his welfare and making sure he is receiving the correct medication he was on when he left the nursing home. We have lodged an appeal with the Tribunal in NSW and are awaiting the outcome of this, however, my questions relating to this are:

    a. Given the son signed a Stat Dec stating, he is aware my granddad has dementia, and that he will not contest thePower of Attorney and Enduring Power of Guardianship, has he broken the law by getting another solicitor appointed to act on his behalf and attempting to revoke the Power of Attorney and Enduring Power of Guardianship?

    b. Is the revocation paperwork that he has signed legal, given he has dementia, it's documented at both the nursing home and on his medical records by Doctors and Geriatricians?

    c. Is the solicitor legally allowed to complete these forms given he is aware that my granddad has dementia and is not capable of making decisions, hence why we were acting on his behalf for all things financial, medical, living arrangements etc?

    d. My granddad requires 24/7 care due to his dementia, has his son done the wrong thing be not admitting him to the dementia ward of the nursing home that was expecting him?

    Any help or comments are appreciated, please feel free to ask me more questions about the situation if you require additional information before giving any options.

    Seasons Greetings to all.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Wingnut,

    As long as your grandfather has capacity he can legally revoke and make a new power of attorney. Whether or not he has capacity will depend on medical evidence of his condition at the time of making the new power of attorney and where this is disputed it will be up to a court or tribunal to decide whether or not the relevant capacity existed at that time.

    As long as a solicitor is acting on instructions from his client, he is not necessarily doing anything wrong.

    Obviously, if you are concerned about the welfare of your grandfather, continue trying to locate him and to ensure he is getting the required care while you await the outcome of the Tribunal.
     
  3. AdValorem

    AdValorem Active Member

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    Hi Wingnut

    Did your granddad sign a power of attorney or an enduring power of attorney? There is a significant difference between the two documents.

    Kind regards
     

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