I need help with the way that the nursing home convinced my dad to take power of attorney out of my hands and give it to

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Customer: I need help with the way that the nursing home convinced my dad to take power of attorney out of my hands and give it to the state trustee
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Victoria Australia
JA: What steps have you taken so far?
Customer: I have taken a video of my dad saying that he wants this changed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i have also made a statement to the police about my dads bank account being fraudulently used
Answered by John Melis in 7 mins 2 years ago
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John Melis
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I have already made my payment and still could not get a response
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Where you consider that there has been some undermining going on, and you have lost the power of attorney for your father and reasonably, you can raise a claim immediately in the enduring guardianship division of the Victorian civil administrative tribunal.

In relation to your important question:

VCAT does have a role to play in the assistance of people who have lost capacity.

You may make an application with VCAT under the enduring guardianship division to seek orders for the person as you require. It is important that if there is family that you bring them as party to the proceedings.

Where you are seeking a specific order of care, such as a advance care directive, you will need to provide VCAT a detailed report, with support medical assessment as to the capacity fo the person.

In Victoria, enduring and general powers of attorney are governed by the Instruments Act 1958. Medical treatment enduring powers of attorney are governed by the Medical Treatment Act 1988 (Vic)

VCAT will become the principal acting where there is no capacity.

The state trustees will on come into the matter when there is no party to make the decision on behalf of the person concerned.

VCAT has the authority to appoint the state trustees to that position.

You commence your action at VCAT with a points of claim to the guardianship division.

You can process the application online with VCAT.

The following link will assist you with VCAT:

https://www.vcat.vic.gov.au/get-started/guardianship-and-powers-of-attorney

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
No my question was not answered
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John Melis, Expert

Did you see my post above on how to handle your issue as it may not have shown on your screen fast enough

Please scroll up have a look if it's not there let me know and I will repost it

REPOSTED

Where you consider that there has been some undermining going on, and you have lost the power of attorney for your father and reasonably, you can raise a claim immediately in the enduring guardianship division of the Victorian civil administrative tribunal.

In relation to your important question:

VCAT does have a role to play in the assistance of people who have lost capacity.

You may make an application with VCAT under the enduring guardianship division to seek orders for the person as you require. It is important that if there is family that you bring them as party to the proceedings.

Where you are seeking a specific order of care, such as a advance care directive, you will need to provide VCAT a detailed report, with support medical assessment as to the capacity fo the person.

In Victoria, enduring and general powers of attorney are governed by the Instruments Act 1958. Medical treatment enduring powers of attorney are governed by the Medical Treatment Act 1988 (Vic)

VCAT will become the principal acting where there is no capacity.

The state trustees will on come into the matter when there is no party to make the decision on behalf of the person concerned.

VCAT has the authority to appoint the state trustees to that position.

You commence your action at VCAT with a points of claim to the guardianship division.

You can process the application online with VCAT.

The following link will assist you with VCAT:

https://www.vcat.vic.gov.au/get-started/guardianship-and-powers-of-attorney

Customer
thank you John. As my dad is now dying, I have taken a video of him saying that he wants to cancel state trustee. I can't find any doctor who will fill out the medical forms for vcat, this is frustrating me and making life harder for both myself and my dad. There is no other relative to help me out, so I am alone in this
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John Melis, Expert

If you need, we can have a chat on the phone and explore the issues together as this might help a bit better. There are some medical practitioners out there that will assist you in your particular case especially where there is untoward actions occurring against your father would you consider a not correct

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