I have a cousin who is unwell and refusing treatment therefore likely to die in the near future. He does not have a will

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Customer: I have a cousin who is unwell and refusing treatment therefore likely to die in the near future. He does not have a will and has not appointed a next of kin. His closest living blood relative is a half sister who he is estranged from. What would happen in relation to making funeral arrangements and finalising his affairs f he dies?
JA: Estate laws vary by state. What state are you in?
Customer: Western Australia
JA: What documents or supporting evidence do you have?
Customer: None only what he has advised. Hw is currently in a nursing home.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He owns a house and car.
Answered by John Melis in 1 min 1 year ago
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John Melis
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John Melis, Expert

Hello, I am John Melis, a solicitor in Australia, and thank you for your question. I’d be happy to assist you.

​You can resolve the issue by applying to the Enduring Guardianship Division of the State Tribunal online, SAT.

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

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 website has excellent resources to assist you.

If your cousin passes away and he does not have a will, someone will need to apply to the Supreme Court for letters of administration to manage his estate. That could be you. There are excellent resources on the Supreme Court website, probate division, that will guide you through the process of applying for letters of administration to be able to manage his house and his car with respect to selling the same and distributing those assets.

I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.

Customer
Thankyou
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.

Customer
What would happen if my cousin doesn't agree to a guardian being appointed prior to his death. At present he is refusing to talk to us as he is so unwell. How does a public trustee get appointed?
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John Melis, Expert

If your cousin is lacking capacity, you'll have no say in it and it will be the enduring guardianship division that appoint you as the power.
Customer
Ok thanks I will get onto completing the application
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
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