A recent run in with the CEO of my father’s aged care facility has me wondering about how honest the CEO is. It took me to a dark place and got me to thinking - would it be possible for the facility’s management to convince my father to update his will to leave the facility his estate? I have power of attorney and his will was updated before entering aged care to leave his estate to his children and he had capacity to do this a few months ago. Since moving into the facility his health has declined and he has become very forgetful. I can imagine that he would happily sign something without question if asked and forget that he did it 5 minutes later. Are there any protections in place to make sure this doesn’t happen?
I think Nellie makes some valid points. If you wish to clarify this further you could contact OPAN (Older persons Advocacy Network) who I think would be able to advise you about these issues associated with aged care homes. or speak with your fathers lawyer. The link ishttps://opan.org.au/Or phone them on 1800 700 600. They are a national organisation.
If your father has been assessed by a geriatrician and has been diagnosed with dementia and the family has a letter confirming he has dementia, he can no longer legally change his will. So even if this CEO convinced your father to change his will to leave everything to this facility, my understanding is that such a will would be invalid, and wouldn’t hold up in court. I have a letter from a geriatrician confirming my husband has advanced dementia, and our solicitor who has a copy of that letter told me that my husband can’t change his will or give someone else power of attorney now, which I have. I would also think that It would also be illegal for a CEO of a facility to even do this.
I would think it would be illegal for a CEO or any other members of staff to have a resident sign a new will leaving his or her estate to a facility. Also a new will would have to be witnessed by at least one authorized person and your father will have to be of sound mind before signing a legal document such as a will. My husband who has been diagnosed with dementia, cannot change his will , or give anyone else power of attorney, so our solicitor told me. If you’re still worried, best to get some legal advice.