My father was admitted to a Resthome Care Facility by brother in late last year with no consultation with others. Other

Expert's Assistant chat
Customer: My father was admitted to a Resthome Care Facility by brother in late last year with no consultation with others
JA: What state is your father in? It matters because laws vary by location.
Customer: Other trustee was myself and I had a active EPOA for care & welfare signed & witnessed - options for dad & costs were never presented by my brother and his actions of getting dad discharged the entering into a admission agreement which has also never been furnished nor his hospital discharge papers - I was under the impression dad was gong reside back at home with mum and home help audit carried out to assertain level of care etc. within one day of dad beung admitted he falls over and breaks hip - I am based in Auckland Central New Zealand. My brother had my mother admitted also to the Resthome earlier this so mum cups be with dad but sadly he passed away from complications of the fall etc. Circumstances changed and mum wanted to come home but my brother who had no EPOA got mum assessed as being cognitive 8/30 but she signed her own admission agreement and the family can’t bring her home! My brother tried to sell the car and mum dads apartment post dads death and trespass me from the apartment but had had been residing there last year to help mum dad with care etc and my brother was no where to be seen. He had uplifted the Will from Mum dads last year and other financial information. Post dads funeral he turns up a copy of the wills which looked tampered with and the Family Trust name was in a a different name - and confirms Resthome Care charge per day for mum is $270 per day plus a $70 surcharge per day as well and he is in charge of Property etc and that’s when we have to sell the apartment straight away and put the money into a investment fund. I said let’s look at bring mum home first before we flog off family home and agreed to let what plays out but needs to be ASAP. I have since had confirmed that the anomaly over the Family Trust name is ***** ***** Trust! He has applied to Family Court non notified application to revoke my active EPOA which has claimed he only found out about but I never knew as he had already uplifted crucial documents- I’m sure as his actions have so aggressive and odd that he has probably moved the apartment into his trust! Mum and dad were old fashioned and did not have the property in their Family Trust!
JA: What steps have they taken so far?
Customer: I phoned a old school friend who saw off his attempted tresspass as he claimed he was the occupier - he wasn’t as he live about 20 miles away and mis represented to the Police he had the authority. But he just recently with procedures in the Family Court that I’m not fit to be any EPOA’s etc and not fit to look after mum
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: back at home - so I have had to appoint a Family Court specialist counsel to defend his affidavits which is going cost me a lot of money and mum is stuck at the Resthome. He has acted with no authority misrepresented myself and mum and he is calling all the shots. As for the Resthome where on their watch Dad fell within one day and the Resthome have never furnished any documents either!!
Answered by Chris The Lawyer in 3 hours 2 months ago
imglogo
Chris The Lawyer
10+ years of experience
logo

42072 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.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Chris The Lawyer
10+ years of experience
logo

42072 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
img

Chris The Lawyer, Expert

Have you discussed this with the lawyer you instructed? They are likely to help you best as they will have all the background

Customer
No not yet - going to represent myself in the Family court to defend my brothers non notified - orders served that mum can not leave the Resthome- even though she signed her own admission agreement with a cognitive score 8/30 the same score that in court orders state the legal position that mum can’t sign herself out!!!!
Paid $70 plus $2 some advice would be expected ta
Another thing he uplifted all legal documents from Mum & Dads late last year - filing cabinet was close to having nothing in it and went to mum & dads Family lawyer 4 weeks ago to ask about why My brother had legal documents on him how did get them and can you show if this other Trust name on Mum & Dads Is another Trust set up by mum & dad - he no it’s not and My brother uplifted all my mum & dads Documentation 4 weeks and I retired - see ya later!!
Seriously is how to the legal system works and the whole Resthome scam emerging
Cheers
img

Chris The Lawyer, Expert

Your next step could be a family mediation to resolve these issues, as the court process will mean family relationships are irretrievably damaged

Customer
Ok ta
img

Chris The Lawyer, Expert

That should be a better step than going to court

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer