I have been fully caring for my father 24/7 no help from family for 21/2 yrs now. My father has a will and wanted to put

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Customer: I have been fully caring for my father 24/7 no help from family for 21/2 yrs now. My father has a will and wanted to put "that my daughter can live in my home till she dies, but was told by his solicitor he couldn't. He has written in a document that he signed and was witnessed by two solicitors saying so. My brothers have said "no way in hell". My fathers estate is considerable and yes I get my equal share of the stations but non of us want to sell any of it. What are my rights if any for me to live in the home mum and dad built in 1957 and not one of my siblings want to live in, they want to rent it out.
JA: I just need to ask a few clarifying questions so that the Lawyer doesn't miss anything. To start, what state are you in? It matters because laws vary by location.
Customer: N.S.W
JA: Thanks for all these details. What steps have you taken so far?
Customer: None dad is still alive. I had to get an ambulance for him last night and he refused to go, he said "the boys will come and throw you out" I lied and told him they couldn't, then he agreed to go. He's home and told me to "sort that out". So hear I am.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not at the moment.

Answered by John Melis in 5 mins 11 months ago

John Melis

10+ years of experience

79058 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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John Melis

79058 Satisfied customers

10+ years of experience

John Melis

10+ years of experience

79058 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

John Melis, Expert

Hello, and welcome! I’m John Melis, a solicitor in Australia.

Customer

Hello

Customer

We only have access to a landline at the moment and this was damaged in the floods and it is hit and miss and if I actually can speak to you it's static with a drone sound, so this will have to do which is unfortunate.

John Melis, Expert

Do you have the enduring guardianship power?

Customer

No, 2 of my brothers do, dad realized he made a terrible mistake, when they took all financial control off him 6 months ago. They did this before a Dr had even seen or spoken to dad. I am fighting this at the tribunal as we speak. If I take a while to reply its because I have to help dad.

John Melis, Expert

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.

Customer

I know that. I will apologise to you in advance, I am a straight talker and have 3 uni degree's and an IQ of 163, and have a great self esteem, thanks to dad. So if I come across a an arsehole I don't mean to. I am also used to being in charge of a lot of people men mostly. Dad says I have been queen bee since I was 15 but in my defence he put me in charge of a station at the age of........15yrs old.

John Melis, Expert

What you should do is make an application to the enduring guardianship division of the tribunal.

Customer

My solicitor is doing that but dad is worrying himself sick about this, my brothers told him that the tribunal would take over all his affairs and that the government would take over everything. I have tried to explain things to him but he does not trust the legal system and I am afraid he has bloody good reason not to. look I guess I just wanted a quick answer to what my rights are. I know, many and varied. If possible could you name a few of my rights so I can stop dad stressing himself to death.

John Melis, Expert

The only thing you need to do for your father is to get the medical certificate that confirms your father has capacity. That will knock everything out of the applicants case.

Customer

know that to. I took dad to a geriatricion she said he had more short term memory loss than he should have for someone of 85 yrs old he has had an MRI etc. As of this moment I have not seen the results, dad and I have an appointment with dads solicitor next week. We have had appointments for the last month but dad keeps getting me to reschedule, I think he is worried what it may say. He feels like he has no control and he doesn't, the POA and EPOA have been invoked and now I have to try and get it reversed. I know that they invoked these powers illegally. I know this is going to be expensive and dad is now saying it would be better if he just died. Sorry going off track, the only thing he's truelly worried about is the original question, can his only daughter and the only one who cares about him and not money will be able to live in the home he and mum built when they got married.

John Melis, Expert

What you need to do is put all your supporting evidence together and run your case in the enduring guardianship division of the tribunal. Then you’ll be able to get your power back.

Customer

Ok, thanks for the help, you have a good one. Yours Sincerely J.D.Parker

John Melis, Expert

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

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