How to change Enduring power of attorney?
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=21350
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Topic: How to change Enduring power of attorney?
Posted By: BuzzyBee
Subject: How to change Enduring power of attorney?
Date Posted: 01 October 2008 at 6:06pm
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Quick Question.
Tis a messy situation, one in which I don't want to go into too much detail on a public forum... It's regarding my Pop, as most of you will know (from my previous posts) he has Dementia and is now living on his own, I'm trying to care for him where possible ....as is his Sister. I've found out his account and well being are all at the hands of his son (my uncle) ....someone whom doesn't really care all that much about him, will go to visit him and will refuse to give him food. He thinks that he needs to be 'put away once and for all' and that the way to go about this is by abandoning him and showing that the poor guy can't care for himself. Of course I'm not going to let this happen, but I'm concerned that my Uncle (my family are estranged from him for several valid reasons) has 'Enduring Power of Attorney' over Pop, and from my understanding that means that he is in charge of his welfare/wellbeing AND of his money (Pop has his mothers estate etc etc, all of which this uncle has been eyeing up for YONKS) ...when clearly the guy doesn't give two sh*ts for his own father! I'm wondering if theres any way we can have this changed AND IF SO how do I go about doing it? He clearly DOES NOT have his best interests at heart, and I wouldn't put it past him to extort money out of his accounts (he just happens to work in the bank) ...and with the whole separation of his parents he is very much on Nan's side and I don't think he can really bat for both 'teams' IYGWIM Ideas and advice much appreciated. |
Replies:
Posted By: mummy_becks
Date Posted: 01 October 2008 at 6:27pm
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I think you may have to see a lawyer to get it changed. ------------- I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived! |
Posted By: kebakat
Date Posted: 01 October 2008 at 6:29pm
| Ask citizens advice is my only suggestion |
Posted By: caitlynsmygirl
Date Posted: 01 October 2008 at 6:29pm
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my first advice would be to talk to your parents and see if the three of you can think of a solution , i know you care about your pop and want to make sure that he is well cared for, but you are 21, and have Lucas to worry about ,you dont need the added stress of a very complicated situation completly on your shoulders .
*hugs* chick , its hard watching your grandparents deteriorate ------------- 
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Posted By: BuzzyBee
Date Posted: 01 October 2008 at 7:07pm
*ahem* I'm still 20 darl, 25 days till the big one though  YAY
That aside, I agree I am stressed to my wits end with all this. Mum is helping me though, I'm just doing all my research online for her (she totally sucks with computers) and shes doing the ringing around. Shes the one that has been dealing with his case workers and trying to help get his rights met (IMO she is the only one fit to do that seeing as though she's Pop's daughter, don't think they'd take much notice of me since I'm only his grand daughter and I'm still reasonably young).Dad is jumping on the bandwagon too and going to talk with one of his customers that is a lawyer. Get free advice when he next sees him etc. |
Posted By: busymum
Date Posted: 01 October 2008 at 7:24pm
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Yep you'll need to see a lawyer who can make an application under the Protection of Personal and Property Rights Act (PPPR Act), through the Family Court. The person going to the lawyer needs to be the person who would be able to put themselves in the position of candidate for the power of attorney - probably your mum in this case. -------------  |
Posted By: surfergirl
Date Posted: 01 October 2008 at 10:48pm
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There are two diff kinds of EPOA. One for Welfare and one for Property. Check which your uncle has. It can be difficult to have these changed as the EPOA is set up, when somebody has full mental capacity to protect their interests. You many need to convince the court that your Pop either was not of sound mind, or that your uncle is negligent. See http://www.eldernet.co.nz/Frequent%20Questions/Residential%20Care#Item151 - HERE for more general info too. Feel free to PM me as I work in this area (sort of...) ------------- http://www.alterna-tickers.com"> 
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Posted By: clover
Date Posted: 02 October 2008 at 9:38am
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We went through this with my grandfather and it is very very difficult to change because as surfergirl stated it is set up when the person is of sound mind to protect them so, to get it changed now you would have to prove very strongly that your uncle no longer had your pops best interests in mind. Your mother will need to apply through the family court to have it changed. ------------- http://lilypie.com"> 
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