I would like some advice please as I am enduring power of attorney for my mother whom is in aged care and I have access

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Customer: Hello, I would like some advice please as I am enduring power of attorney for my mother whom is in aged care and I have access to your accounts for paying of bills. My father passed away last month and we are awaiting to prepare grant of probate to release the $140,000 back to my mother. She will have access to almost $200,000. I wanted to know as mum is executor of dad's will all this money she will have access to and I am concerned that she may take out the money and forget where it is. Is there anyway that I can continue to monitor and control her money as power of attorney and if so how can I do this. Can the Aged care facility assist me in this situation buy stating to the lawyer I have been in control and will continue to do so. thanks and I await your reply. Phillipa
JA: What state are you in? Guardianship law varies by location.
Customer: Victoria
JA: Do the biological parents consent to the guardianship?
Customer: mother has given me enduring power of attorney for her
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just want to know what I can do that will overide my mothers decisions if need be
Answered by John Melis in 2 hours 2 years ago
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John Melis
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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.

Concerning your important matter, what you can do is make an application to the enduring guardianship division of the Victorian civil administrative tribunal to have the power removed from your mother and put under your control this way you can protect those funds.

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
Thank you for your response. I have enduring power of attorney for my mother who is in aged care facility! I am currently paying all her bills and have access to her money. Will this be able to continue while she has access to all the money in her name
Customer
no would just prefer email. thanks
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John Melis, Expert

As long as the enduring power is drafted correctly, you should be able to take full control of the entire funds, to insure the protection of these monies accordingly. If you're not sure if you've got the correct power under the enduring power of attorney, what you should do is take it to your local lawyer so they can review it and determine exactly what limitations there are on that power you have.

Customer
alright! so when the grant of probate has been completed and the meeting with the solicitor will be arranged for mum to sign the papers to release the refundable deposit into her account, am I able to ask the solicitor that this process still continues that I have access to paying all her bills
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John Melis, Expert

As long as the power gives you that authority, yes you can.

Customer
Okay, as I do have Enduring power of attorney (financial and medical). Can I asked the aged care facility if they could provide a doctors certificate without consent of my mother!
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John Melis, Expert

yes you can

Customer
Well this is what I wanted to know! If I contact the manager at the Aged Care and have them write a letter statingthat I am in control of paying all mums bills and will continue to do so, but not to have my mother involved
in this process as they had already got a doctor to ask my mother and she refused
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John Melis, Expert

Yes you can contact the age care facility and try and arrange the necessary paperwork

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
no I will be having guest over shortly, and I would still like to live chat
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John Melis, Expert

we can chat in this box as long as you need.

Customer
With regards ***** ***** aged care facility would it be better to have a letter in writing requesting this and how should I prepare this
Customer
Can the Solicitor refuse this process
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John Melis, Expert

no

Customer
Okay, are you able to give me an example of this letter
Customer
are we still on live chat
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John Melis, Expert

Yes I'm still here. What I suggest you do is put your paperwork together correctly stated above then give a solicitor clear instruction on how to move forward

Customer
can you assist to how to put this in writing for me
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John Melis, Expert

This particular aspect, we would need to talk on the telephone because it's complex beyond this chat box unfortunately

Customer
okay, thanks I will try to do this tomorrow! If I still need to ask more questions, I can do this tomorrow via live chat! will this be with you or with someone else
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John Melis, Expert

I'm here when you need

Customer
Okay, thanks and I will need to go!
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John Melis, Expert

You are welcome, and thank you for supporting the community.

Customer
Can I ask what part of America you are from
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John Melis, Expert

I am in Melbourne Australia

Customer
Okay then I am getting text messages from another country for your messages
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John Melis, Expert

The website is based in America but I'm in Melbourne Australia

Customer
Would this be better to have a meeting in person at some stage soon
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John Melis, Expert

yes

Customer
Okay if you can give me your details/ email address and I will organize this tomorrow
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John Melis, Expert

When you need just reach out select telephone services and we can speak on the phone

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