Potential elder abuse - what can be done?

Discussion in 'Legal Issues' started by qak, 29th Jul, 2020.

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  1. qak

    qak Well-Known Member

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    We have some concerns about an elderly relative, in a nursing home, and legally blind, who has signed some documents requesting his solicitor to prepare a contract for sale (42% below market value). The proposed purchasers are known to be shonks. His solicitor is in partnership with their solicitor - he's declined to act on the request at this stage.

    Just wondering what can be done? The POA is an accountant, and guardian is a friend.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    what state are they located in?
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    NSW Elder Abuse Helpline 1800 628 221
     
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  4. willair

    willair Well-Known Member Premium Member

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    You could always fast track the process and contact one of those current affairs programs that are on each night ..with the current way inside the nursing homes I'm surprised a lot more of this is going on ..42 percent fmd.
     
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  5. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    Get a independent soliictors advice asap and it may assist to involve Police if access to the aged care facility poses a problem as it seems an attempted fraud. Police may even set them up to catch them in the conspiracy. I had a client experience this with his elderly mother - There are dishonest nurses and carers I learned who will try to do this. One former client was even murdered by a bank teller at her own home when the theft of money was detected.

    A caveat on title ?
     
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  6. qak

    qak Well-Known Member

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    They are in NSW.
    We had suggested to the accountant a caveat might be a safeguard, he hadn't registered the POA so that was on the list of things to do ... he seems a bit slow to act under the circumstances.
    I will direct the nephew to the Elder Abuse help line.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    POA needs to be registered with the LTO to transact on property.
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    What basis could there be for a caveat? Who has the caveatable interest?

    How can an attorney block the sale of a principal like this?

    Something else needs to be done. The attorney should seek legal advice.
     
  9. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    I have long thought there needs to be a way to secure title in a physical manner like 2 Factor Authentication is an additional step for online acts. The term "caveat" means warning (latin) and there needs to be a way to have title warnings or title security both to the owner or to others with a interest in knowing about dealings prior to them occurring so that their consent is confirmed. Lenders and others can deal with title but there seems a lack of ways to stop dealings. Yet a caveat is supposed to act like a injunction. It only does so for some interests....not the legal owners however.

    A example of where law doesnt keep pace with society and technology perhaps ?
     
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