WA State Administration Tribunal versus Marriage

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8 June 2018
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I was made my Mothers legal guardian and administrator at a court hearing at the SAT on the 28th March 2018.
She has Alzheimer's and is in a nursing home where she appears to settled happy and is putting on weight.
She has a friend who she previously was very close with but who was also taking advantage of her mental state.
He with two of his friends went to visit her for the first time the other day and now she is saying to staff she is going to get married. She even mentioned it when I rang her the other day (I live in Tasmania)
If he somehow manages to get her out of the home on an outing and they get married (worse case scenario) how will this stand up in a court of law?
Next question I have instructed the staff at the home not to let him or his friends visit my Mum again but they know the code to get in during the day and if they happen to get her out and, without my consent, where do I stand and how can I stop this from happening. What other steps can I take? I am at my wits end
I do have an older sickly sister who goes to visit Mum weekly but this leaves a lot of time in between. Help!
 

Rod

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Have the marriage annulled if it happens.

Also write a letter to this person saying you have legal guardianship and your mother has no legal capacity to make decisions. Send via registered post and keep a copy of proof of mailing. This way you are putting him on notice.

Then let your mother be happy. She may not have much longer to be around.
 
8 June 2018
3
0
1
Have the marriage annulled if it happens.

1.Also write a letter to this person saying you have legal guardianship and your mother has no legal capacity to make decisions. Send via registered post and keep a copy of proof of mailing. This way you are putting him on notice.

2.Then let your mother be happy. She may not have much longer to be around.

If I knew he really loved her and didn't just want to control her finances; I would not stand in their way. I have seen her bank accounts where she drew out thousands every month and didn't do anything with her money except buy groceries for the fortnight. It is a well know fact he is a gambler.

#1.He already knows I have legal guardianship as I saw him when I went over for the SAT in March

#2. It was when she had started to live with him but still had her own unit in the same complex, that she got sick and he took her to my sister who lives a few doors up to say he could no longer look after her and could my sister call an ambulance. Mum had pneumonia and was in hospital twice in two months!

My mother is cared for in every way at the nursing home with frequent visits by family. I have full control over her money but, as you would know her accounts are audited every year. I have to account for every cent that is spent.

Thank you for your observations and advice.
 

Rod

Lawyer
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27 May 2014
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He already knows I have legal guardianship

This may not be sufficient. Hard to prove he attended unless he is listed on paperwork as attending. A letter puts 'his knowing' beyond doubt.

If I knew he really loved her and didn't just want to control her finances

I understand your concern about wasting money. If you are now controlling the money and your mum has no access to the bulk of it, then there is no harm in allowing your mum to be a little delusional in her relationship. I suspect many 'normal' relationships may have at least one of the parties a little delusional.
 
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8 June 2018
3
0
1
This may not be sufficient. Hard to prove he attended unless he is listed on paperwork as attending. A letter puts 'his knowing' beyond doubt.



I understand your concern about wasting money. If you are now controlling the money and your mum has no access to the bulk of it, then there is no harm in allowing your mum to be a little delusional in her relationship. I suspect many 'normal' relationships may have at least one of the parties a little delusional.


Yes I am all for her being happy in her last years on this planet but when it comes to him not being able to care for her properly that is another matter. She was not eating properly, and her health suffered where he let it get to the point that she had pneumonia twice in two months.... that was my biggest concern. Thanks Rod