I have an 89 year old uncle who has been a resident of catholic Healthcare Brighton NSW for some years. He has dementia

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Customer: Second opinion] I have an 89 year old uncle who has been a resident of catholic Healthcare Brighton NSW for some years. He has dementia and is in a secure unit. His financial affairs are managed theough the Public Trustee and guardian NSW but otherwise I cannot find any enduring power of attorney or guardianship. I am considering applying for guardianship due to the forms i am requested to sign on his behalf. We also cannot find his will. Can you advise on how to find a will. I am not certain he ever made one however my grandmother did leaving him her house until he died and anything left was to be disributed amongst her 9 grandchildren. Can you advise how I can progress the search for a will JA: Have you talked to a New South Wales lawyer about this? Customer: No . I only received advice this afternoon from ncat to speak to legal aid. I live in the ACT JA: What steps have you taken so far? Customer: In regard to the will none. I am planning on progressing the guardianship first. It is my cousins request to find the will. JA: Anything else you want the Lawyer to know before I connect you? Customer: I remember that I was present in the room when my grandmother made her will but family members also present are noe deceased . a cousin believes my grandmothers will may have been placed by her solicitor with a NSW protective service. all bar me say that tmy Uncle was left the house as he was the unmarried son to live inuntil his death and the siblings agreed that any assets would be distributed amongst his siblings children.
Answered by Leon in 27 mins 2 years ago
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Leon
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Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

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Leon, Expert

Good Evening

How did they get the management? Have you checked to see if they have court orders?

This is how they usually get financial management.

Customer
They have not been able to give me any information re power of attorney or guardianship
Customer
Maude Evelyn Blair died 20/9/1978 of*****Bondi
Customer
I will write to catholic Health care Management . I always assumed there was guardianship in place . I just visited him every couple of months. However now they see me as an authorised person to make health decisions and for this I have no delegated authority. Can you advise where her will may have been published.
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Leon, Expert

There had to be

Alternatively contact NCAT

https://www.ncat.nsw.gov.au/

The guardianship tribunal which makes the orders is now part of them.

If she had assests then the Supreme Court should be able to advise if probate has been granted on the will

Contact the probate division of the court

http://www.supremecourt.justice.nsw.gov.au/Pages/SCO2_contactus/SCO2_contactus.aspx#link2

You will need her name and date of death to assist them searching.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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Regards
Leon

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