topic unable to sign probate documents - a legal alternative? in Anxiety

unable to sign probate documents - a legal alternative?

Frei — Sun, 17 May 2020 08:10:34 GMT

After abuse at a NSW infants school when 5-6 years of age, I developed anxiety. My condition led me to leave Australia. I last saw my wonderful Mum in 2004. We telephoned often and I was lucky we had a great chat on Mother’s Day last year, just before she died on my birthday a few days later. The care home where Mum was said they could organise skype for us but never did. Nor did I get information as to what caused Mum’s sudden shock deterioration.
Now I have to sign probate documents but I have explained several times to my solicitor, that I cannot touch anything from Australia, especially from where I grew up.
As I wrote: ‘Thank you for your email with the probate documents.
Sorry again for my anxiety disorder being a problem, but the mere suggestion of receiving physical mail from Australia sent me into another panic attack last week. Hence the delay in replying.
Even if it means more time and probably cost, can I print the documents out here and have my signature witnessed and then send them back to you?
Just getting a notary to help will be a challenge, as again, my need to feel 'safe' away from Australia means I don't want HDC being able to see the contact details of the legal office I usually use.
The Australian Embassy here has absolutely no interest in helping me, so I will need time to find a notary.
I hope you can understand my situation, even if it sounds completely crazy.’
Then I received the following e-mail.
'Unfortunately you are required to have the copies of the death certificate and will certified, which requires that whoever certifies these documents see the originals. This means that we will need to post the original will and death certificate, and it is not possible to simply provide soft copies as I had originally thought. Unfortunately I do not see a way around this requirement. I understand your reluctance to provide an address, but perhaps the documents can be sent to someone you know and trust?'
So again, my problem is not understood.
Isn’t there a way for someone I elect as a power of attorney to sign the documents for me? I may not be physically incapacitated but mentally I am. I have finally made it back to being able to work, though my crazy routine at my apartment door saw me terrorised my the woman opposite, who photographed and reported me and so the police were involved. With corona, I lost my job but if I can just get this issue of signing these documents dealt with, I can really move on with my life again.
Thank you.

unable to sign probate documents - a legal alternative?

Sophie_M — Sun, 17 May 2020 08:42:41 GMT

Hi Frei,
Welcome to the Beyond Blue forums, we're so glad you decided to join our friendly online community. We're so sorry to hear about the loss of your wonderful Mum and everything else you've been going through lately. We empathise with how difficult it must be to be dealing with all of this at once. Please know that our community is here to support you and we will get through this.

It sounds like a legal consultation would be worthwhile to receive the most helpful response on how to best navigate the situation with the probate documents. We're sorry to hear that you lost your job due to the pandemic. If you feel it might be useful, we'd encourage you to visit our Coronavirus Mental Wellbeing Support Service. The website will be regularly updated with information, advice and strategies to help you manage your wellbeing and mental health during this time.

In case you're interested, it might be worthwhile to have a chat to others on the forums who have also recently gone through grief and loss. Our 'Grief and loss' section of the forums has several threads that might be of interest to you, including this recent thread, "Lost my beautiful mother - panic/depression" : https://www.beyondblue.org.au/get-support/online-forums/grief-and-loss/lost-my-beautiful-mother---panic-depression Many of our members have felt similar and will be able to talk through these feelings with you. If you would like to post further, please tell us more about what's on your mind and how we can best help you get through this very difficult time.

unable to sign probate documents - a legal alternative?

Frei — Mon, 18 May 2020 06:40:34 GMT

Right now my biggest worry is getting these legal documents signed. I had a solicitor who passed my case on to a junior with less experience.

I have mental issues after the abuse from a school teacher in Australia when I was 6.
That was my reason for leaving Australia 15 years ago and never returning, though I really wanted to see my Mum who died recently.

Similarly I just cannot receive any physical post from home. Doing so would stuff me up for weeks and make normal life difficult if not impossible.

There must be an alternative, such as when someone is physically incapacitated and unable to use his hands to sign...?

I already paid $3000 to my solicitors in Sydney and they say that little remains of this money, with all the to-and-froing on this issue. So I am really grateful for any help here.

Here is the junior solicitor's E-Mail...
'This morning we received hard copies of the documents including the affidavit, a copy of the death certificate and your mother’s will as well as the original death certificate and will.
Unfortunately you are required to have the copies of the death certificate and will certified, which requires that whoever certifies these documents see the originals. This means that we will need to post the original will and death certificate to Germany, and it is not possible to simply provide soft copies as I had originally thought. Unfortunately I do not see a way around this requirement.'

Isn't it possible to have a POA for someone to do this for me in Australia?
Thanks again.