My elderly Mum 93 has chosen to live with me as she needs regular care. My older brother and sister don’t want this, so

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Customer: Hi, my elderly Mum 93 has chosen to live with me as she needs regular care. My older brother and sister don’t want this, so they are taking me to VCAT
JA: What state are your brother and sister in? It matters because laws vary by location.
Customer: Vic
JA: What steps have your brother and sister taken so far?
Customer: They have contacted VCAT and I have received a notice to attend 30/11
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I just need direction
Answered by John Melis in 12 mins 2 years ago
John Melis
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. If I understand you correctly I suggest the following:

You can resolve the issue by applying to the Enduring Guardianship Division of the State Tribunal.

You may apply to be the guardian or changes to the current circumstance concerning the person with the power.

The guardian protects the person's needs and interests by making personal and health care decisions on their behalf when they have impaired decision-making capacity.

The tribunal has the power to appoint or remove a guardian.

The guardian's authority may include making decisions for the adult, such as:

* where they live;

* what support services they receive;

* with whom they have contact or visits;

* general health care matters;

* the approval of containment and seclusion in certain limited circumstances;

* the permission of chemical, physical or mechanical restraint;

* restricting access to objects;

* other day-to-day issues.

Guardians are not permitted to make decisions about:

* financial or property matters unless they have also been appointed as the adult's administrator or as an attorney for financial affairs under an enduring power of attorney;

* particular health care matters including sterilisation or tissue donation;

* particular personal issues, including making or revoking a will, consenting to marriage or relinquishing a child for adoption.

If an adult can communicate their views and wishes, guardians should take these into account when making any decisions.

The tribunal process is perfect for meditating disputes, as it brings the parties together to discuss the issues.

In most cases, the matter settles at mediation.

In the proceedings, you are the Applicant and the other party the Respondent.

You apply online with the tribunal.

When you explain the situation in the application form, type out the points in a numbered order, detailing the history.

The tribunal website has excellent resources to assist you.

If needed, you may reach out to legal aid or your local lawyer.

​I thank you kindly for reaching out today.

I appreciate your assistance with a rating of five stars, as this helps me support the community.

If there is anything else, big or small, that I can help you with today, please let me know?

thank you for your response.
I already have my Mum’s Power of Attorney and Medical Decision Maker but my siblings have opposed this as they feel my Mum’s cognitive levels are low (according to her doctor in rehab) and hence not in a position to make these decisions.
I have consulted with her family doctor to organise a further cognitive test via a Geriatrician so I can have the POA reinstated.

John Melis, Expert

As you have the power of attorney and medical decision power, you are in control of the situation and you do not need to listen to your siblings.

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