Melbourne nurse investigated after elderly bachelor leaves her $900k estate weeks before death

A Melbourne nurse who became the sole beneficiary of her 92-year-old aged-care patient's near $1 million estate one month before his death is being investigated by the nursing board.

In August last year Lionel Cox, a bachelor with no close family, moved from his home in Fitzroy to the Cambridge House aged-care facility in Collingwood after becoming too sick and frail to live alone.

Mr Cox had lived in his Greeves Street house most his life and been friendly with neighbours who came and went as house prices in the area continued to climb, The Age reports.

Lionel Cox died in August last year. He changed his will at the end of July. Source: Supplied
Lionel Cox died in August last year. He changed his will at the end of July. Source: Supplied

The Labor Party supporter was reportedly suspicious of those who tried to help him, believing they were looking for a slice of his will, which he intended to leave to charitable organisation.

St Vincent's Hospital and the Brotherhood of St Laurence's Coolibah Centre on Brunswick Street rated high on the man's list for the care they had provided him.

But when the nonagenarian died in August last year his neighbours were aghast to learn Mr Cox had left his more than $900,000 estate to a nurse from the Cambridge House where he spent his final month.

There were a number of corrections. Source: Supplied
There were a number of corrections. Source: Supplied

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Abha Anuradha Kumar, the facility's manager, reaped Mr Cox's estate along with $36,000 in cash and the rest of his stuff.

Victoria Supreme Court documents show Mr Cox's will had been changed on July 27, just weeks before his death, with Ms Kumar becoming the sole benefactor.

Mr Cox's Last Will and Testament was dotted with crossed-out corrections and two different handwritings, as well as the misspelled "Fitzoy" and a crossed-out "O" before the state of "Victoria".

Abha Anuradha Kumar went on leave after Mr Cox's death. Source: Supplied
Abha Anuradha Kumar went on leave after Mr Cox's death. Source: Supplied

Two people witnessed the will – Diem Thi Nuoc Le and Portia Galea, both employees at Cambridge House.

Mr Cox succumbed to pneumonia on August 9 with Ms Kumar signing off as the "informant" on his death certificate.

In October the nurse applied to the Victorian Supreme Court to be granted probate of Mr Cox's will. Her request was granted a month later.

Mr Cox's neighbours made a complaintl to St Vincent's Hospital last Christmas. An investigation was launched, with the oversight body interviewing Cambridge House staff and neighbours.

At the same time, Ms Kumar took an extended holiday.

The hospital's investigation found nothing untoward, with no evidence Ms Kumar had influenced or pressured Mr Cox into making the last minute changes to his will.

Mr Cox's Fitzroy home. Source: Google Maps
Mr Cox's Fitzroy home. Source: Google Maps

"The staff member has indicated they have not, and do not want to financially benefit from the resident's will, and intends to donate the proceeds of the estate to charities named by the deceased in a previous unsigned will he had prepared by his solicitor," the spokeswoman told Fairfax.

"Nevertheless, this case has raised a number of issues of concern for St Vincent's. As a result we are revising our wills policy and increasing education of staff."

They added Mr Cox was competent and of sound mind during his stay at the facility.

One of Mr Cox's neighbours, identified only as John, told The Age he did not believe the hospital conducted a "vigorous investigation".

St Vincent's Hospital in Fitzroy. Source: WikiCommons
St Vincent's Hospital in Fitzroy. Source: WikiCommons

"I knew Lionel for more than a decade and find it impossible to believe that he would knowingly have left his estate to an individual he hardly knew," he said.

A St Vincent's staff member who also gave an anonymous statement of fear of losing their job said they felt it was "a big cover up".

The Nursing and Midwifery Board would not provide comment on the investigation until it was complete, nor would the lawyer representing Ms Kumar.

The Victorian Supreme Court. Source: WikiCommons
The Victorian Supreme Court. Source: WikiCommons

Estate law specialist Kathy Wilson told The Age there are no criminal laws against elder abuse and coercion of elders and few protections for the elderly against abuse and manipulation of wills.

Wilson said the laws were recently changed to state, "witnesses for Enduring Powers of Attorney cannot be a relative or a care worker or accommodation provider for the will maker".

One signatory must have specific qualifications such as being an authorised witness or a medical practitioner.

According to a spokesperson from the Nursing and Midwifery Board of Australia, the nurses' code of conduct states practitioners should only accept small and inexpensive gifts and never try to influence their patients.

News break – May 26