My elderly mother has dementia and in a nursing home, I have access to her finances and was thinking of getting a pre

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Customer: My elderly mother has dementia and in a nursing home, I have access to her finances and was thinking of getting a pre paid funeral by taking out 10k out for this. Do I have a legal right to do this or do I have to wait until she passes away
JA: What state are you in? It matters because laws vary by location.
Customer: Western Australia
JA: What steps have you taken so far?
Customer: None yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so
Answered by John Melis in 4 mins 1 year ago
John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
If you have the enduring power of attorney over your mother, you can do that with respect to your requirements. If not you'll need an enduring power.

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

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.
Does this help with your question today?


John Melis, Expert

I hope this message finds you well.

I'm just following up to see how you are going with your situation.

Just recapping your circumstance, you need to know whether you have power to pay for funeral expenses in advance. If you have the enduring guardianship power, power-of-attorney, for your elderly mother, you will be able to handle the finances for your mother as you see required. If you do not have the requisite power in writing, you will need to reach out to the local tribunal SAT to obtain that power.

Please let me know how you progress with your matter.

It was my pleasure to help you today, and I thank you for chatting with me. If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Thanks John, I did reply to you on Friday I have enduring power of guardianship as well as enduring power of attorney so I will organise money for pre paid funeral.
***** ********

John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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