I was power of attorney for an elderly lady that I have been looking after for many years. She and her family have no contact and there is much bitterness between them all and has been for many years. She recently gifted me her unit as she wanted to make sure that her family did not get control of anything when she is not around to make any decisions. The family have now since found out and have forced the elderly woman to sign herself and another family member as the powers of attorney. The family have been pressuring the elderly lady under duress which has been noted by the carers and residents in the nursing home she is at. They have told the woman lies to force her to sign documents. Unfortunately the woman is starting to suffer from bad dimenture and forgets things from day to day. Before the family forced her to change power of attorney, I was advised to go to the police to seek a restraining order against the family as they were causing the woman a great deal of stress and anxiety. Unfortunately I was advised on Friday late so was unable to get to the courthouse and since then over the weekend the family forced her to sign. I am now no longer the power of attorney. What should I do in this regard and how might this affect the property that I was gifted. The woman will eventually see the truth and realise what has taken place as she always had concerns that "the vultures" as she termed them would come. I don't want to distress her with the legal things for now and the family may even ban me from communication with her, who knows. Should I address the power of attorney and can I and I would imagine that the family will start to make claims to get the property from me, what sort of implications does this have in that regard. What options are available her to protect the asset. Thank you.
QLD Power of attorney and property
- Thread starter 7and3
- Start date
There's two major issues here. I'm going to assume your power of attorney is enduring (most are now):
1(a). You should immediately contact the Office of the Public Guardian (1300 653 187; [email protected]) and inform them of the situation. As well as doing this, and so long as you have not received formal notification of revocation of your power of attorney, you should contact any organisations you have dealt with in your capacity as attorney and warn them of the situation. They may not do anything, but at least you have then put them on notice.
1(b). If you are her attorney for personal matters as well as financial, you should speak to her doctor and inform them of the situation, as well as seeking their opinion as to whether she is sufficiently competent to have given a new power of attorney.
2. The question of the property is likely to be problematic. You have a duty as an attorney to avoid transactions that involve a conflict of interest. The specific example given in the short form Power of Attorney form (at page 11 is "For example, you must not buy the principal's car unless you pay at least its market value". The gift of the property should not have occurred. If anything, it could have been transferred to you as trustee for her. If the family make an application to court, you'll likely be hard pressed to prove it is above board - especially if the principal is now lacking competence to speak as to her motivations.
1(a). You should immediately contact the Office of the Public Guardian (1300 653 187; [email protected]) and inform them of the situation. As well as doing this, and so long as you have not received formal notification of revocation of your power of attorney, you should contact any organisations you have dealt with in your capacity as attorney and warn them of the situation. They may not do anything, but at least you have then put them on notice.
1(b). If you are her attorney for personal matters as well as financial, you should speak to her doctor and inform them of the situation, as well as seeking their opinion as to whether she is sufficiently competent to have given a new power of attorney.
2. The question of the property is likely to be problematic. You have a duty as an attorney to avoid transactions that involve a conflict of interest. The specific example given in the short form Power of Attorney form (at page 11 is "For example, you must not buy the principal's car unless you pay at least its market value". The gift of the property should not have occurred. If anything, it could have been transferred to you as trustee for her. If the family make an application to court, you'll likely be hard pressed to prove it is above board - especially if the principal is now lacking competence to speak as to her motivations.
Thanks Rob,
Very informative, and I apologise, I was posting on behalf of my mother not myself. I pasted her note and overlooked changing that point.
It appears that this may turn into a messy situation. I have had a look over the Act for power of attorney to get familiar.
My mum has been the carer and a friend for the woman for many years and it was only a recent change putting my mum as attorney (the elderly woman's solicitor is the secondary attorney), she (my mum) did not want to do it but the elderly woman can be very determined and she initiated this persuading my mum who accepted, and yes it is a bit of a burden taking on such a role.
There has always been a rift between the elderly woman and her children and grandchildren. Over the years my mum has attempted many times to get them all together as a family but neither party wanted anything to do with each other. The children and grandchildren never visit their grandmother and it is open knowledge that none of them want anything to do with her. The feeling is the same with the elderly woman, she wanted nothing to do with her family. The elderly woman has always been very adamant that she would not give any of her money or assets to her family, she was determined to spend it all whilst she was alive and always said she would be giving her property to my mother. This was also reflected in her will, however she decided she wanted to control everything whilst she was alive rather than have her family contest things and get anything when she passed which prompted her gifting the property to my mother to live in.
My mother wanted to let the elderly woman's family know what had taken place as one of the daughters was a long standing friend, but the elderly woman would not allow this. My mother honoured the woman short term but eventually advised the elderly woman that she wanted to advise her family. When my mum advised them it all has changed and the family that did not want anything to do with their grandmother have now been at her side brainwashing her to suggest my mother is corrupt. They then forced her to change power of attorney over the weekend. The family told the elderly woman that my mother had banned them from visiting her. The elderly woman told my mother that same day that this was the reason she changed attorney. All is untrue as to stop visitation it must go trough the courthouse, plus the nursing staff voiced this was untrue to the elderly woman. The elderly woman will not listen and believes her family. A note that the grand daughter that told the lies who is now the new power of attorney is a police officer.
There is a lot that makes up the circumstances and by the sounds may need to be addressed. The family have put themselves in contact with the elderly woman for her assets and therefore some form of claim will more than likely be made.
Might I please ask what my mother is likely to expect from the other party and how long a litigation process of this nature is likely to take. Does a mediation become a part of this type of matter.
For now I have advised my mother to get all her ducks lined up with regards proving that she has always acted in true and good faith to the elderly woman and evidence showing all I have mentioned above. She has advised the Public Guardian and will now wait to see what unfolds.
I appreciate your advice very much and tank you in advance. It would seem we may be requiring representation at some point.
Very informative, and I apologise, I was posting on behalf of my mother not myself. I pasted her note and overlooked changing that point.
It appears that this may turn into a messy situation. I have had a look over the Act for power of attorney to get familiar.
My mum has been the carer and a friend for the woman for many years and it was only a recent change putting my mum as attorney (the elderly woman's solicitor is the secondary attorney), she (my mum) did not want to do it but the elderly woman can be very determined and she initiated this persuading my mum who accepted, and yes it is a bit of a burden taking on such a role.
There has always been a rift between the elderly woman and her children and grandchildren. Over the years my mum has attempted many times to get them all together as a family but neither party wanted anything to do with each other. The children and grandchildren never visit their grandmother and it is open knowledge that none of them want anything to do with her. The feeling is the same with the elderly woman, she wanted nothing to do with her family. The elderly woman has always been very adamant that she would not give any of her money or assets to her family, she was determined to spend it all whilst she was alive and always said she would be giving her property to my mother. This was also reflected in her will, however she decided she wanted to control everything whilst she was alive rather than have her family contest things and get anything when she passed which prompted her gifting the property to my mother to live in.
My mother wanted to let the elderly woman's family know what had taken place as one of the daughters was a long standing friend, but the elderly woman would not allow this. My mother honoured the woman short term but eventually advised the elderly woman that she wanted to advise her family. When my mum advised them it all has changed and the family that did not want anything to do with their grandmother have now been at her side brainwashing her to suggest my mother is corrupt. They then forced her to change power of attorney over the weekend. The family told the elderly woman that my mother had banned them from visiting her. The elderly woman told my mother that same day that this was the reason she changed attorney. All is untrue as to stop visitation it must go trough the courthouse, plus the nursing staff voiced this was untrue to the elderly woman. The elderly woman will not listen and believes her family. A note that the grand daughter that told the lies who is now the new power of attorney is a police officer.
There is a lot that makes up the circumstances and by the sounds may need to be addressed. The family have put themselves in contact with the elderly woman for her assets and therefore some form of claim will more than likely be made.
Might I please ask what my mother is likely to expect from the other party and how long a litigation process of this nature is likely to take. Does a mediation become a part of this type of matter.
For now I have advised my mother to get all her ducks lined up with regards proving that she has always acted in true and good faith to the elderly woman and evidence showing all I have mentioned above. She has advised the Public Guardian and will now wait to see what unfolds.
I appreciate your advice very much and tank you in advance. It would seem we may be requiring representation at some point.
Sorry, but I have no way of knowing the answer to your questions of how long this will take or what to expect from the other side. I'm not a litigation lawyer, and in any respect it's largely guess work.
Mediation is a preferred method in most civil cases, and is usually encouraged by the courts.
Mediation is a preferred method in most civil cases, and is usually encouraged by the courts.
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