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WTF? Do you understand this?

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AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Topic: WTF? Do you understand this?
    Posted: 16/January/2012 at 23:53
I rent a house in Perth to my sister who is mentally ill. The rent is massively subsidized by myself as my sister has not worked for decades and lives on welfare.

Supposedly, at my sister's last admission to the mental ward three weeks ago, "the doctor" (who I don't know) insisted or asked if my sister if she would accommodate a homeless person (a 56 yo female NZ citizen found on the street - not mentally ill). I only found this out today. Supposedly this lady has found a job and is moving out in a few days but has been in residence two weeks already. My sister is reportedly desperate to get this woman out. I don't know if any financial incentive or assistance was offered.

I'm, to put it bluntly, absolutely appalled, and not just on an economic basis but also an emotional basis. The lease agreement between my sister and I has been always on the understanding that the lease is for her and her children - we've had issues with long term guests before and I thought she and I agreed not to have anymore - so I doubt that she is in agreement with this. I believe in her very poor post discharge state, she was taken advantage of. I figure my options (should this lady not move out tomorrow) are;

1. Give notice of intent to terminate the lease with my sister. Harsh but it gives her ammunition to fire at the people who forced this on her.
2. Write a letter to someone (who?) stating the terms of the tenancy do not allow long term guests.
3. Let my sister stew in a brew of her own making (perhaps I'm not being told the truth?). However my experience with long term guests of this type is that the property wear and tear go up. Furthermore there is the question of whether my sister is collecting and not declaring to Centrelink "room and board".

Thoughts? Here's your chance to see AOD suffer for once.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 00:30
Common sense prevails in this situation. Your sister has been taken advantage off by someone, as you have stated that she is mentally ill. A person who is sufferring from mental illness can not make any rational decision, why blame and penalise her?

I would write a letter to the hospital and ask them to investigate the doctor whom instigated the action, and another letter to the lady asking her to move out immediately. Assuming that there is no lease.
Personal opinion only, should not take it as legal advice

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 00:51
Mental illness is a terrible thing incidentally. The quote "there is a joy in madness that only the insane know" was by a fool obviously.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 01:37
You are right, so don't make it worse for your sister as she is already suffering enough.
Personal opinion only, should not take it as legal advice

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 09:09
Originally posted by AsiaOilDude


Supposedly, at my sister's last admission to the mental ward three weeks ago, "the doctor" (who I don't know) insisted or asked if my sister if she would accommodate a homeless person (a 56 yo female NZ citizen found on the street - not mentally ill). Thoughts?


I suppose that's the issue as far as any wrong doing on the DR's part. Did he insist or ask. It may have been a bit cheeky to ask, but if your sister gave permission there's not much you can do about it.

Perhaps someone in Perth to act as property manager from now on may be necessary if you think she is vulnerable to being taken advantage of or is not acting in the agreed manner regarding people living there.


Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 11:22
Difficult situation and most alarming. I'm not sure I agree with Jaazzz about her "permission" because surely a mentally ill person is not capable of giving informed consent.

Is there anyone in Perth who knows your sister and her children who can help out or at least get some clarity for you so you know how to proceed?

The potential Centrelink issues with rent or board are pretty important - the last thing she needs is any more drama because of a potential failure to report income if that's in fact the case? Good luck with this one - aaargh!
not legal advice

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 13:57
Thanks for all the comments. I had made plans last year to get a POA appointed for my sister, it is probably time to restart that program. My sister is not incapable generally of managing her life, but in this case I do think she might have been taken advantage of.

Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 15:10
Asisoil, I do feel for you. I had the same situation with my nephew. For years we thought he was merely addicted to drug, not realising that he was sick and he was trying to escape the voices and things which he saw in his mind. He trashed several cars in accidents while high on drug, one of the cars was a sport Merc which his father bought him just 2 months before the accident, a $350,000 Merc was sold as a scrap. Luckily, there was no one got hurt, my nephew had a few bruises which was a miracle that he was alive. The parents refused to acknowledge that their son was mentally ill, as mental illness is a disgrace in Asian society. Against everybody's will, I had to make a trip to overseas and had him committed into a private mental hospital.It took years for my nephew and his family to accept the illness.

About three years ago, I met up with him in Singapore thinking that his condition was under control. He forgot to take his medication, he trashed the room because he saw two men came in to his room and they were going to harm him, so he fought them off. I had to pay for the damages and get reimbursement from his father.

I call the illness the invisible enemy within.
Personal opinion only, should not take it as legal advice

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 15:18
Brain chemistry is very fragile. Once altered (by stress, illegal or illicit drugs, alcohol etc), it seems impossible to restore the balance easily.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 15:21
As far as Centrelink is concerned, you can get a statement from the doctor regarding her illness, I thinks they will understand.
Personal opinion only, should not take it as legal advice

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 16:34
Khon that is awful, it sounds like its very important for your nephew to take his medication, is there someone who can monitor that?

AsiaOilDude, you are the landlord and don't have to accept unauthorised tenants, you can evict this person if nec by changing the locks and only giving your sister the new keys.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 19:30
It was worse than nightmare as it was a reality happening to someone close to you. He and his parents have learnt to accept that he will need to be on medication for the rest of his life. He is living relatively normal at the moment.
Personal opinion only, should not take it as legal advice

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2012 at 10:59
How did it go AOD? Any joy with removing the unwelcome tenant? Please keep us posted; hope all goes well.
not legal advice

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2012 at 11:14
My sister SMS'd me last night to say the lady had left. I am missing the whole back story here and I suspect I will never know the whole truth. Perhaps pointing out to my sister the potential centrelink issues of having a lodger (which I suspect might be what was going on) cleared her mind.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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