QLD Family member taking advantage of another elderly family member. Financial / emotional abuse

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LAW123

Active Member
14 June 2020
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0
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This first part is about property, which I have also posted to the property forum. However it's an integral part of the overall issue of this thread.
The abusive person is in Queensland, I am in NSW, the person being abused is in NZ.

Long story short a family member (NZ) bought a house (QLD) under their own name to help support another another family member - huge mistake but the owner isn't capable of understanding that they're being financially and emotionally abused and used.

The "tenant" refused to sign a lease agreement first red flag, and as as you can imagine it's been nothing but pain since then (coming on 9 years). The "tenant" is financially abusing the elderly owner: No rent paid, won't pay water bill, makes up fake maintenance and gets the owner to send them money direct, demands new appliances after breaking (pawning) the old ones, heavy drug use, disobeying strata laws. The "tenant" constantly calls and harasses the owner, screaming and crying down the phone to get what they want (includes other things like cars and cash over the years not just a house).

Obviously the owner shouldn't be falling for a lot of these things, but being the 'tenant" is a child (40 year old child by the way) of the owner they are unable to separate themselves emotionally from this and can't see they are being abused.

Anyway 9 years of leasing this property later the family has had more than enough, they are elderly and the financial strain of this person is impacting too much now. And finally the "owner" seems like they might be willing to follow through on getting this person out.

The tenant" is non responsive. Never answers calls or emails, phone number and email change every few months.

I have suggested to the owner that perhaps I need to be the legal entity for this property to ensure follow-through on this matter, and what we can do about the financial abuse matter (i.e I would love to throw an AVO on her so she can never contact the owner again because of the emotional and financial abuse, but I guess the owner will need to agree to that).
Note that the abuser has always had emotional, psychological and behavioural issues. She terrorised my parents at home as a teenager, neighbours would call the police weekly due to her constant screaming, but they couldn't get her out - she wouldn't leave and they weren't strong enough to take drastic measures. Any way she finally moved to Queensland at 24, since then she has demanded money, cars etc from my father and for some reason he always gives into her. She won't stop and he won't stop so the circle of abuse continues.

We really need help here as the behaviours are so deeply engrained now that proper measures need to be taken to protect my elderly father before all his money is drained. I really don't think he is mentally capable of understanding that constantly giving into her isn't helping either one of them.

Thank you in advance
 
You may be able to get a power of attorney from the family member giving you the power to deal with this property/tenant? Worth exploring.
 

LAW123

Active Member
14 June 2020
4
0
31
You may be able to get a power of attorney from the family member giving you the power to deal with this property/tenant? Worth exploring.
Thank you Suzi - do you know what the next best steps are to do this?
 
You ought to speak to a solicitor or maybe a conveyancer in the State where the property is located to ensure that the POA complies with that State's requirements and that it gives you sufficient power to deal with the property. The cost is usually not significant ie less than $500 i'd expect. Once prepared, the New Zealander will need to sign it probably in front of a JP or solicitor. When you get it back, you just need to sign it and away you go.
 

LAW123

Active Member
14 June 2020
4
0
31
You ought to speak to a solicitor or maybe a conveyancer in the State where the property is located to ensure that the POA complies with that State's requirements and that it gives you sufficient power to deal with the property. The cost is usually not significant ie less than $500 i'd expect. Once prepared, the New Zealander will need to sign it probably in front of a JP or solicitor. When you get it back, you just need to sign it and away you go.
Thanks Suzi, I have just spoken tot he NZer. He does not want to sign over to me, neither does he want to protect himself because he is scared of the emotional abuse. and he is very paranoid about what will happen if she is removed from the house.
We are stuck and at a dead end. This pain will never end.