‘Acting with the intention of personal gain’: Son fails to take control of mother’s affairs

A man has fought off his partner’s son from taking control of her affairs – claiming he’d assaulted her, leaving her in hospital, and taken thousands from her account.

A Tasmanian man claimed his partner’s son had assaulted her and taken money from her, before applying to become her guardian.

A man has successfully fought off his partner’s son from taking control of her legal and financial affairs – claiming he’d assaulted her and taken $3000 from her account.

The woman, who suffers from Alzheimer’s dementia, had been living with her son until she ended up in hospital.

After the woman moved in with her partner, who she’d previously approved to be her power of attorney and guardian, the son took legal action for those powers to be reassigned to him.

In a hearing before the Tasmanian Civil and Administrative Tribunal, the woman’s partner produced documents that the son had been previously convicted of indecent assault, and also produced receipts showing he’d made three withdrawals from his mother’s account for $1000 each.

The son claimed his mother’s partner was “controlling and manipulative”, that he’d failed to encourage her relationships with her family members and friends, and that he’d cut her off from her hobbies, lifestyle, possessions and garden.

The woman’s partner said her son was “acting with the intention of personal gain” and that he’d pushed her on February 2 this year, with the woman taken to hospital.

The son accepted withdrawn money from his mother’s account, but said she had given him permission to do so as he needed to buy a car, given he no longer had access to hers.

He also accepted that police were called to a disturbance at their home in February, but claimed he thought his mother was going to hit him, and also claimed she’d been hospitalised because of her aggressive behaviour.

The public guardian inspected the woman’s partner’s home, finding it “well maintained, warm and light” and found she was “appropriately dressed, groomed, and appeared fit and healthy”.

The public guardian also said the woman stated she enjoyed living there and would not return to live with her son.

In dismissing the son’s application, the tribunal said it was satisfied the woman’s partner had acted appropriately and in the woman’s best interests.

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Originally published as ‘Acting with the intention of personal gain’: Son fails to take control of mother’s affairs