Power of attorney & the dying elderly

paddyblue

I have a family situation that I would appreciate advice on.

There is an elderly Aunty living in Australia who had a bad stroke recently. She has been living there for most of her life with her (now deceased) husband but most of her family is here, with some very distant relatives living there with her. She was admitted to a public hospital when it happened and has been there since - in an almost constant unconsious state. The indications from her doctor are that she won't last very long.

However, one of her good friends (who can be trusted) over there has been in touch with some of our family in the last week a number of times. He is visiting the hospital each day & is reporting signs of clear improvement in her condition. Despite his asing the hospital to move her to a better hospital where she can receive treatment they are reluctant to do this. Yet they are not making any effort to improve her - seeming happy to let her deteriorate & die where she is. She has health insurance so there should be no problem with her getting proper health care if she is showing improvement just lying on a public bed with a drip in her arm.

However the more important issue is that this close friend (let's call him Tom) has reported that a number of people have been asing my Aunty for 'power of attorney' recently. In December last year one of the exicutioners to my Aunt's will (who was an assistant to my Aunty's solicitor) visited her with a document and asked her to sign it saying it was something to do with her will. My Aunt (being very old) asked Tom to check this document and he discovered it was a request for 'power of attorney'. He advised her not to sign and she didn't.
Also, this week one of my very distant relative's (who also lives in Australia but was in no way close to my Aunt) - called to the hospital and was asking her friend Tom about getting 'Power of Attorney' so he could use my Aunt's money to pay for proper health care for her. Naturally Tom told him where to go....

We are all concerned here about these stories and are not sure exactly what to make of the situation. My Aunt has made her will already & we are all aware of how it will be distributed - so there is not conflict among the family itself. But the stories of practical strangers & one of her will executioner's asking for 'power of attorney' are unsetteling. Someone from our family is due to fly ther to see her in two weeks but is there anything that we should be doing in the meantime? Is it possible that someone can get control of her estate and nullify her will before (and if) she dies?

We are not even sure what 'Power of attorney' means. This friend Tom is the only person my aunty would ever trust over there since her husband died. She had given him some influences over her affairs in the event of her sickness. But is he simply being overprotective and suspicious about these things? At 83 he is quite old himself so maybe he's over-reacting...but then again maybe not.

I would appreciate any comments or opinions.

Victor

You really need to speak to a solicitor with knowledge of the law in the relevant Australian state or territory.

Is there a possibility that Tom himself already has undue influence?

paddyblue

Thanks for the reply.

From what I know and have heard I would not say this Tom guy has 'Undue influence'. My Aunt needed to choose someone to look after he affairs in the event of her health deteriorating. She chose this man because he was the one person she could trust over there. He was best friends with her late husband and her only real friend since she became a widow.

He is working very hard to get her moved to a proper hospital where she can get care. He only seems concerned with ensuring that my Aunty gets what she wanted in terms of her will / health care / nursing needs / etc.

I thought we might have to go to a solicitor here. Was hoping someone could put our mind at ease. I understand the law will be different in Australia but thought it might very similar to the English Legal system, like ours is.

Victor

The principals will be much the same, but the details may be very different.