Sep 01, 2021

Ex-nurse may have to return $1 million inherited from aged care resident she knew for 24 days

Nurse laptop

In 2015, Abha Kumar was caring for 92-year-old Lionel Cox at a Victorian aged care home.

When Kumar discovered the gentleman had no known family and was in possession of a valuable estate, she purchased a will kit and persuaded the elderly man to make her his sole beneficiary.

Weeks later, Cox died, and Kumar was able to liquidate his assets to the tune of more than $1 million.

However, in 2019, the Victorian Civil and Administrative Tribunal found Kumar guilty of professional misconduct, and she was banned from being a registered health practitioner and from working or volunteering in any type of aged care facility.

Fast forward to 8 August 2021, and Kumar received a visit from lawyers for State Trustees. She was served with a “summons for revocation”.

State Trustees’ lawyers claim the will was not executed in compliance with legislation, in part because it was not signed by Mr Cox in the presence of both witnesses, according to a report in The Age.

“It was not consonant with the deceased’s natural affections or moral duties to bequeath his entire estate to a person whom he met only 24 days prior to the making of the will,” State Trustees lawyers allege.

In Victoria, there are no laws to prevent health professionals or carers from becoming executors, beneficiaries or witnesses of a resident or client’s will. Without legal protections, vulnerable people could be susceptible to unscrupulous operators.

Initially, Kumar claimed she would donate the inheritance from Cox to charities. However, she told the VCAT she kept the proceeds of the estate, and used them in part to fund her legal defence.

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
Advertisement
Advertisement

Aged care providers to submit quarterly financial reports from July 1

In moves intended to improve financial transparency, aged care operators will have to report their finances to the government every three months starting 1 July 2022. Read More

Peak body calls for more support for PALM workers

An aged care peak body is calling for carers working via the Pacific Australia Labour Migration (PALM) scheme to be eligible for sponsorship and for the cumbersome visa application process to be streamlined. Read More

Peak bodies transition to unified aged care organisation

Major aged care peak bodies, Leading Age Services Australia (LASA) and Aged & Community Services Australia (ACSA), have joined into the new overarching aged care industry organisation, Aged & Community Care Providers Association (ACCPA) from today. Read More
Advertisement