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Power of Attorney - Elder Abuse?

Discussion in 'Wills and Estate Planning Law Forum' started by Craig Bellamy, 9 July 2014.

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  1. Craig Bellamy

    Craig Bellamy Member

    9 July 2014
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    Hi, I am asking for some type of clarification of my situation before I decide to seek out a lawyer that may be able to help me further. My problem is that my eldest sister has gained a power of attorney over my elderly mother and father. They are elderly but apart from my father having a bit of short term memory loss, they appear to be fine. She is taking control of their bank accounts and has changed their lawyer and doctor. She has also placed them into a retirement village like a nursing home. My father used to keep a substantial amount of cash at home and has shares etc., and I really don't know what to do to stall this activity or hopefully stop it all together. My younger sister is supporting this entry on your forum so we can get direction which way to go and what are our legal avenues and what can my eldest sister do to my parents. Is this activity called elder abuse. Please help us
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    I would see that Solicitor.

    In the meantime, perhaps check when the Power Of Attorney comes into effect. Sometimes they don't until the donor of the power has lost mental capacity, generally a doctor's assessment to make. They may come into effect on a certain date (not common) or as soon as signed.

    An application to a court or a body such as VCAT in Victoria may be necessary, which body can make various Orders in relation to a power of attorney, which may be necessary if elder abuse is possibly happening.

    Hope this helps you out.
    John R likes this.

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