Is this service free? It is NZ- we dont have states! None until I know my legal rights

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JA: It's just a small, refundable fee for a 7-day JustAnswer trial. After that, it's a small monthly membership fee. What state is this in? It matters because laws vary by location.
Customer: It is NZ- we dont have states!
JA: What steps have you taken so far?
Customer: none until I know my legal rights
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Answered by Chris The Lawyer in 15 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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41664 Satisfied customers

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Chris The Lawyer, Expert

HiI am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
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Chris The Lawyer, Expert

How may I help you?
Customer
Hi, long story short... is it legal for someone to set up a bank account for someone else ( our brother) and make herself the sole signatory there by preventing him form having access to his own money ?
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Chris The Lawyer, Expert

It can be if she has been appointed a property manager or is the attorney under an enduring power of attorney
Customer
Thank you but I prefer to have written response
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Chris The Lawyer, Expert

Don’t worry about the phone call
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Chris The Lawyer, Expert

Does your brother have any issues which require some protection?
Customer
She does have power of attorney but it is my understanding that was only if our brother was deemed mentally incapable of making decisions .
Customer
He suffers from a well managed mental illness, was deemed mentally fit by his GP when asked by my sister when she wanted to change his EPA but he has limited understanding of what happened- he thinks he signed it all over to her.
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Chris The Lawyer, Expert

If he is capable of looking after his affairs then she should not be using the EPOA. It usually requires an opinion from his GP that he does not have capacity. If he is unhappy with her actions he would need to apply to the Family Court and would need medical evidence he can handle his own money

Customer
Should the bank have allowed this to happen? He wasn’t present when the account was set up...it is a considerable amount of money and he is living in virtual poverty with some serious health issues.
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Chris The Lawyer, Expert

She must have shown the bank the EPOA. Do you think she is actually protecting his money or are you concerned about her spending the money?

Customer
She is a long standing business customer of the bank and would have used that knowledge and sway and I assume she took the EPOA into the bank. I don't think I’m concerned about her spending his money ... she is just not allowing him any access to it. For example he needs a new bed, has needed new clothes etc which I have paid for and then had to ask to be repaid.I have asked on his behalf for a small amount of money to be put into an account he can access for more than 2 years now and have had no response. My son and I have EPOA for his Health and Well-being - I see it as a health and wellbeing issue/right to have access to what is rightfully his!
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Chris The Lawyer, Expert

If she is being difficult you could apply to the Family Court to have her removed
Customer
Also the way I see it... if he chooses to spend the money then so be it! Thank you for your help.
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