Family Financial Dispute
The client is living with her elderly father due to financial difficulties. She is concerned about her brother's abusive behavior and substance use, along with his receipt of significant sums of money from their father, amounting to approximately $80,000. The client has managed to suspend further financial support from her father to her brother by insisting on equal treatment regarding any distributed funds. She questions her ability to recover this money once her father's will is executed or whether she can place a caveat on the property. Additionally, her brother's recent arrest for physical abuse adds to her concerns about their father's capacity to manage his finances.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I ensure my father's financial affairs are managed properly if I believe he might no longer be fully capable?
To ensure your father's financial affairs are managed properly, you might consider applying for the appointment of a financial administrator. This person would manage his finances in his best interest if he is deemed incapable. You could also request a capacity assessment from a qualified medical professional. It's crucial to gather evidence of his incapacity and any financial mismanagement.
Am I able to recover the money my father has given to my brother under duress or inappropriate circumstances once his will is executed?
Recovering money your father gave your brother under duress can be complex. After your father's passing, you may challenge the transactions if you can demonstrate undue influence or lack of capacity. This could involve contesting the will or initiating a legal claim against the estate or your brother.
What steps can I take to protect my father from further financial abuse by my brother?
To protect your father from financial abuse, consider seeking a Financial Management Order to appoint someone to manage his financial affairs, possibly preventing your brother from accessing funds improperly.
Is it possible to place a caveat on my father's property to prevent my brother from accessing his assets?
Yes, it is possible to place a caveat on your father's property if you have a caveatable interest. A caveat is a legal notice to prevent dealings with the property, generally lodged if there is a legal or equitable interest.
What legal actions can be taken against my brother for his abusive behavior and substance use, considering the recent arrest?
You could pursue an Apprehended Violence Order (AVO) through the local court. An AVO can legally restrict your brother's actions to protect you and your father.
