My mother is 97 and in a nursing home. Our brother made himself power of attorney and has control of enduring Power of

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Customer: My mother is 97 and in a nursing home. Our brother made himself power of attorney and has control of enduring Power of attorney. The sister do not have any paper work our brother has the lot. Our mother in in no mental state as she is dying and my brother has refused for our mother to have morphine for pain! He also has instructed the nursing staff that his siblings are not to be told anything to do with our mothers condition. We know he has helped himself to mums money and before mums passes we would like a hold on mums account so he can not help himself. In saying that Mums Nursing home fee comes out of this account every month and also her pharmacy fees so we still need for the nursing home to have access for them to do a transfer from mums account to Arcare Nursing Home for her payments.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Queensland
JA: What documents or supporting evidence do you have?
Customer: We have none. AS our brother would not allow us to see mums bank statements. Our mother has been in care for now 3 years so the only person to access her account has been our brother plus payments to the nursing home. Since our mother entered the nursing home I have done a spread sheet on how much money mum had in her account went she first moved in and her deposit of her veteran affairs pension and the payments to the nursing home each month. At this stage in our mothers life we want the best of care for her and we are concerned she is not getting it from our brother . Its like the whole thing is having this power over his family.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Our main concern is for our mothers welfare and secondly when mum passes we will be unable to access mums bank statements to find where her money has gone. What little money mum has should be for her funeral and our brother could say ok I need so much from all of his siblings to pay for mums funeral. What has happened to the money according to my spread sheet where has that gone.
Answered by John Melis in 1 hour 11 months ago
John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

You can challenge the power of attorney in the enduring guardianship division of the Queensland civil administrative tribunal.

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, if you cannot resolve this matter of the enduring power of attorney for your mother, you may always commence an application in the Queensland civil administrative tribunal under the enduring power of attorney division.

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.

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