If Alan simply signed over a power of attorney he …

Comment on Old Timers Village resident locked in by Ralph.

If Alan simply signed over a power of attorney he doesn’t need a lawyer to revoke it. There is a freely available form for this purpose on the internet.
If he has been deemed to have lost capacity he needs to be assessed again because he does not present as someone who has lost the capacity to make decisions over their own affairs.

Ralph Also Commented

Old Timers Village resident locked in
Dr Who: The attorney can make decisions about property and financial affairs. This means that they can operate bank accounts, pay bills, and sell or buy property (such as your house or shares).
In some cases this is necessary, e.g. to pay for the old person to get into a nursing home. But there is no restriction on the use of the money.
The daughter is legally entitled to sell the property and use the money in any way she likes.
Alan has been deemed to have lost capacity an is powerless and completely in the hands of his daughter.
She has done nothing wrong in law.
The only challenge possible is to the issue of capacity and that is well worth taking up.
If another doctor says he has not lost capacity he can regain control over his own finances.


Old Timers Village resident locked in
@ John Bell: This is not a tribunal appointed power of attorney.
The daughter organised it and she has it.
This would be an enduring power of attorney.
She has complete control of all assets and can do what she likes with them.
Alan has been deemed to have lost capacity so cannot own anything or make decisions.
He is really a non person in many respects.
In law he has no interests, he is completely powerless.
The enduring power of attorney is a powerful instrument, sometimes necessary but also risky.


Old Timers Village resident locked in
One assumes that Alan has been medically examined and declared to have lost capacity.
If this was not the case he could cancel the power of attorney himself.
It would be useful to look at that document and follow up with the certifying medical specialist.
If that document is suspect in any way, for example forged or the daughter exerted undue influence on its execution there could be a criminal matter.
With the current attention on elder abuse the daughter would have to be very careful and not sell Alan’s property.
When he gets a lawyer an order will be taken out prohibiting the daughter from selling his assets so he needs to move quickly on the legals.
As for the Old Timers, I have visited there and was surprised at the extent of locking old people up.
I was privileged to talk with [name deleted] and was surprised to find that she was also locked down, not in a small room but nevertheless behind a locked door.
She seemed fine to me.


Recent Comments by Ralph

The task ahead is rebuilding
@ Pseudo Guru. Agree we need a grounded discussion.
Very hard to grow the economy but we can cut costs to give residents more money to spend locally.
Start with rates.
We have a bloated town council and sky high rates.
A public review of the Council’s operation and staffing is long overdue.
Is it meeting residents’ needs? (Note the out of touch response to the Coronavirus emergency with huge job losses).
Is it overstaffed?
Are the high rates justified?
Are there alternative models that deliver better service less expensively?


Aborigines may defy orders, come to Alice for food: CLC
Very few remote community residents travel to Alice Springs to shop for a healthy food basket.
Keeping the price of healthy food low on communities will not prevent people from coming to town.
There are fast food attractants in town, plus the availability of alcohol that draws remote residents to town.
But the healthy food basket is not one of them.


Council meeting under COVID-19 lockdown
Miserly support from the Council.
The rates payment due dates for the last quarterly payment will be extended from April 3 to June 30.
Many in our town are getting much less income but the Council intends to maintain its own.
We have sky high rates and they must be reduced.
I see the council work gangs doing normal non urgent tasks.
They currently have two jobs going.
One is for yet another ovals and parks maintenance worker.
The others is a Director of Community Development, a $100K position.
Best way to develop relations with the community is to cut rates, not spin the lack of cuts.


COVID-19 news: Alice Springs woman diagnosed
Isolating communities is showing some success.
I have had many queries from remote community friends asking when the road will be open.
Most are accepting that they should stay in their communities.
Community clinics are working hard to inform residents.
Is disobeying the self isolation requirement for returning residents going to undo the good work?


Territory Alliance looking beyond COVID-19
Here we are facing an unprecedented pandemic that will certainly take many lives in Aboriginal communities and the Territory Alliance focus is post COVID-19?
It is not as if Gunner is doing so well he doesn’t need an opposition.
To the contrary he is not handling the crisis well.
Is testing happening in the community?
Are there enough ICU beds in the hospital?
How many respirators are available?
Forget the distant future Terry Mills.
There is a tragedy about to unfold here and you need to speak up about it.


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