Power of Attorney and Property Dealings

My mother is very unwell and along with my sister she appointed a real estate agent to sell her house. my sister and i do not get on. So i rang the agent to introduce myself. And admitted we did not speak. He assured me he would keep me well informed throughout the process. He did not. I managed to stop the house being listed one hour before it was to go live. So my sister claims to have not found the power of attorney, in which we were both listed. She has then coerced the agent to go along behind my back. luckily i put a stop to the listing as my mum has improved and may well get to return home. Is there anybody i can contact in Victoria than can deal with the agent Also im getting a solicitor myself next week to see what can be done to have myself and my sister replaced by a third party to be the executor etc. She has acces to my mums money and car etc, was informed to keep very good checks and balances of outgoings etc. She has not. Some advice as to how best to deal with these two would be much appreciated.


Welcome to the community @Braddieis

Such situations are always distressing.
I’m no expert, and cannot offer legal advice. Only some comments from similar experiences within the extended family.

Have you considered or approached a mediation service?
They provide services and support for a broad range of family related issues. There is always an assumption the other parties will respond accordingly. Even if the others seem negative about involvement the professional staff can often find ways to bring the parties to an open discussion. The alternatives of legal action over unresolved disagreement also require time, and come with added costs and stress. Once taken legal action often leaves broken families and relationships.

For advice specific to your legal situation noted you have arranged to meet with a solicitor. They will be able to respond or point you to the options available. Several of the items raised will need formal legal advice and a solicitor to action.
The solicitor who prepared the will is likely to have also prepared the power of attorney. They may hold the original? Further it’s usual for those with the POA to hold in person a legally accepted copy as evidence of the appointment, or have access through the solicitor. I’ve always needed to produce the POA I’ve held when dealing with financial or significant personal transactions for my parents. Your solicitor will be best to advise on the authorities required in your state before a property can be listed for sale, contract exchanged, and settlement with transfer of title.

In respect of consumer rights your mother, the property owner, rights need to be respected.


As this is a family matter as well as a dispute, and legal advice has already been solicited the issue transcends consumer issues. Being out of scope of the Community the topic is closed.