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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 50718
Experience:  24 years experience. Admitted in New South Wales and the UK.
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My sister and my mother live in New South Wales Australia

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My sister and my mother live in New South Wales Australia but they are both originally from England. My mother has severe dementia and is now in a care home (in Australia). My sister is in the process of applying for a Power of Attorney (Financial) as our mother is no longer able to manage her own financial affairs - we now need access to fund her continued stay at the care home. I would like to be able to provide a statement supporting my sisters application – however It’s unclear how I should go about this legally or even if this will be of any benefit in an Australian Court (as I live in England).
JA: Where is this? It matters because laws vary by location.
Customer: Sydney, New South Wales, Australia
JA: What steps have been taken so far?
Customer: My sister has applied for Power of Attorney in Australia and received a call stating that the process is under way. This will require a court hearing which my sister will attend.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
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Nicola

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Good Morning

Until the order is made in NCAT you cannot access her money.

You and your sister will have to fund her personally and when you have the order then you can reimburse yourselves.

This is the only way.

The banks will not release any money without the order.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Regards
Leon

Customer: replied 4 months ago.
Dear Leon,
Thank you for the reply. I fully understand that the banks will not be able to release the funds until the order is made by NCAT so my question is more focused on what I can do to support my sisters application. For example can I provide a statement of declaration declaring support for my sisters application - something like. 'As the son of [my mother's name] I fully support my [sister name] application to be made financial guardian for [my mothers name]. I confirm that mother is no longer capable of managing her own financial affairs as she has been diagnosed with Lewy Body Dementia. We are of course asking our mothers doctor and the care home to provide information about my mother state of health as I understand that without this our mother will be expected to attend the hearing (which will of course be very stressful for her and detrimental to her health). If it is possible to make such a supporting claim then I would like do all I can to make this statement legal in NSW Court. I look forward to your reply.
Best Regards
Myles

Good Morning

If she cannot attend the hearing the letter from the dr and the home is enough.

If they want to know more they may ask she appear by phone.

Have to be served with the application and you can make a statement in support.

Customer: replied 4 months ago.
Thank you - this sounds more positive. I will wait until the hearing application is served and make a statement of support as suggested.

Good Afternoon

You will be fine

They also have to serve you with the application and you respond that you have received it and do not dispute the application

Customer: replied 4 months ago.
Thank you - good to know what the process is.

Good Afternoon

You are very welcome

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 50718
Experience: 24 years experience. Admitted in New South Wales and the UK.
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