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anonymous446629 Asked September 2016

So what and where do I go now?

I am the one who left it to late for any kind of poa to be in place as my mother was to far gone .which mind u is ridiculous in itself as it's a fluid disease !! She may well have been fine the next day ! None the less this is the problem all I am is persons responsible which covers all medical decisions only! Of course why would the g/ment want the decision of letting her die ,on their heads!! She has left our home to me in her will which is an at home will written by herself . Now if I needed to say claim any house insurance etc should it ,god forbid burn down or such then im stuck coz I won't be able to .of course my mum won't either .. also with her money in the banks which is measly I will not be able to get access to ,but the bills won't stop and have to be paid !! So where does one go with that ????
Note ! I refuse to have any one from public trustee in guardianship come within miles to us as IV already encountered a 9 month order against my mum to which thankfully I won her back at the review . I was completely taken aback at their conduct ,rules and horrific inhumane heartless and ancient rashens of an allowance where I basically had to beg for cash to buy her anything !!
Where oh where do I go now to ensure smooth running . Ive not been able to get an answer from anywhere. I've cared for mum for 16years to date and I'm extremely protective maybe even a lil extreme but hey . She is my mum she won't be around much longer .thnku kindly for listening. By the way I'm in Australia !

pamstegma Sep 2016
Stillperfect, should you move all the monies to your account, you will lose every right you have gained. To top that off, you'll end up incarcerated. Work with the trustee, show receipts and bills with all details. PLEASE.

Countrymouse Sep 2016
Be VERY careful before you do that. In fact, why do you need to do it at all? You already have unfettered access to your mother's account to use her funds for her benefit.

If it looks as though you are siphoning off your mother's money for your own use - and although I'm sure you have no intention of it, if you do what you propose then what's stopping you? - they'll have her back in court so fast it'll make your head swim. You must bend over backwards to make sure absolutely everything you do is crystal clear, above board and on record.

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cwillie Sep 2016
I hope you don't mind if I share what you PMed me, it might help others give you more relevant advice:

Hey there lol sorry about the confusion x I've been caring for 16 yrs we went to appoint me as enduring poa 16 yrs ago but it woz to late she didn't understand so the court house wouldn't approve it ! It woz only a year or 2 ago that the hosp social worker stuck her nose in thinking she knew wot woz best for my mother and coz I disagreed she applied for a public trustee n guardianship to take control of our lives and they won . I was eaten alive at the hearing then the review woz 9 months later where as I won that they were satisfied that mum is in the best care with me . But I'm still only her persons responsible and should I need to perhaps claim house contents insurance for example I would not be able to as the policy us in mums name this also applies with the council rates deeds to house etc I'm up the creek ! I hope I explained a lil better ! Thnku xx when I got authorisation of her bank accounts she woz still ok at times . But I plan on taking all her monies out n putting then in a account in my name just in case !xx thanks again

Countrymouse Sep 2016
Now that you have it in writing from the court? tribunal? - doesn't matter - that it is considered to be in your mother's best interests for her to be cared for by you at her home...

Clutching that piece of paper, you should be perfectly safe to demonstrate your competence as her primary carer and (QED) advocate; go back to the department responsible for handling guardianships in Australia; and duly apply for guardianship. If your mother doesn't have the capacity to create a POA, that's the only way to take control of her financial arrangements and you do need to do it.

Besides, trying to do without it is going to make life much harder than it needs to be, and what happens then if you get stuck? They'll only beat you around the head for not having done it already, you know.

I feel for you on the 'over protective' gibe. That's what people call you when you've shown that their care is crap! Been there :)

cwillie Sep 2016
Your story is a little confusing, if you have been caring for mom for 16 years how have you been paying bills up until now?
If your mom was previously under the care of the public guardian and you "won her back at the review" how exactly did that come about? If she was deemed competent to make her own decisions she could have executed a POA at that time naming you. If she was not deemed competent but was given over to your care instead then I would assume you were charged with the duties of Guardian and should have the authority to act on her behalf.

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