In australia can a parent go to court and get power of attorney over their adult child?
my mild intellectually disabled friend has decided to move out of home he’s 24 doesn’t always make the best financial choices sometimes and drinks a lot border-lining on alcoholism because his parents insist on controlling his life, they give him little or no say in anything and make decisions and choices for him that he gets no say in, they don’t listen to him which is why he wants to move out so he can be independent.
he’s now telling me that because he has decided to move out on his own his parents have decided to take him to court to get power of attorney.
can they do that?
is there any basis to their argument if they base their reason on his disability?
can the fact that they take money off him and give him very little to spend and his money is placed in his mother’s name and she won’t give it to him even though she promised to when he hit 21 be used as an argument in his defence?
could it also be used in his defence that the reason he can’t handle money is because he really hasn’t had any (see point above) to learn how to control it?
#1 by LaLa on April 26, 2010 - 11:20 pm
Since he’s not a minor it’s pretty hard for his parents to get power of Attorney and if it’s only a mild intellectual disability it shouldn’t matter that much. But they might be able to get it because of the borderline alcoholism and irresponsibility with money.
Try to get him to get a Psychological analysis and if they can determine that he is intellectually capable of looking after himself and that his alcoholism can be traced to his parents treatment of him. then he’ll get a stronger case. If he can’t afford it financially, i think the Government or Centrelink can get him a solicitor and a psychological analysis or at least subsidise it.
If he’s over 18, why doesn’t he get his salary sent to his own account? Since they don’t yet have him legally under their care, he has a right to.