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

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.

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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.

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

yes you can

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.

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

no

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

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

I'm here when you need

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

I am in Melbourne Australia

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

yes

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