WA Estranged Sister Has Power of Attorney - Put Caveat on Will?

[Melrose]

5 years ago my mother had $260,000 in cash. Now she has $90,000. She hasn't been on any trips or bought anything of significance. My sister and I are estranged. She and her husband are very manipulative and I believe they have helped mum make some financial decisions to their benefit. How can I prove this?

My sister has Power of Attorney, or it may be Enduring Power of Attorney...what is the difference? They have convinced mum to put in her will that my brother in law gets $10,000. When my father was alive, 3 years ago, his will said that my sister and I would get everything divided equally. That has now changed. Mum's will now only refers to the house, car and gopher and not anything about cash. She is 86.

I believe once mum goes that my sister and husband will take their time and I probably won't get everything I am entitled to.

Should I put a caveat on the house or on the Will as soon as she passes - to make sure they do things properly? My sister is wealthy and I am not so I am in need and this is why I am so concerned.

 

[James D. Ford - Solicitor]

Hi, if there has been an abuse of position by the EPOA - Enduring Power of Attorney - so they benefit personally... it is best to investigate and challenge this now!

We can discuss Caveats, etc... at the relevant time... if you are not adequately provided for in the Will, you will most likely be able to make a Family Provision Claim in the Courts... we can also discuss this at the relevant time.

Enduring Power of Attorney means that the Attorney can continue to act, and make financial decisions, etc. even after your Mum loses her mental capacity.

A Power of Attorney does not endure, and would not be effective if this happened.

"How can I be certain that my attorney will not abuse the power?
However, if something does go wrong, and you have lost capacity, an application can be made to the State Administrative Tribunal which has a role in overseeing the use of these powers. The Tribunal can end the power if it is not being used appropriately and appoint an administrator to manage your finances instead.

Applications to the Tribunal may be made by anyone who is concerned about you and whether your finances are being managed in your best interests. This could include family or friends, a service provider when fees are not being paid and even a local council if the rates have not been paid. Usually when it comes to money someone will need payment – and so if your attorney is not acting properly and paying bills on time it will come to someone’s notice quite quickly."

Please read the following to better understand EPOA in WA:

http://www.publicadvocate.wa.gov.au/_files/EPA_Guide.pdf

Kind regards