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AIBU?

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Gathering evidence

33 replies

Hotchocolate18 · 08/01/2019 12:59

Sorry didn't really know where to post thing but need some ideas/advice.
My gran is fairly elderly my grandpa passed last year so she now lives on her own. This is my DM mum. My DM has 3 other siblings. She used to be very close with one until my grandpa passed and they fell out. My aunty then became close with the other sister who she used to hate. This other aunty has always been quite selfish, asking for things off my gran e.g. her engagement ring and other things worth money.
When my grandpa passed these 2 aunties took it upon themselves to arrange all my gran' s financial affairs . To cut a long story short I've had a feeling these 2 aunties are taking advantage of my gran. They have control of her banks. My aunty for some reason has kept my grans debit card. My DM is trying to say she don't want to point the finger but is now becoming concerned. She has told me one of the aunties has took forms/docs to do with my grans house. My gran is worried and was on the phone to 1 or them when my DM was there and they are denying they have no forms. Also 1 of the aunties and her husband has been done for benefit fraud a while ago and it was a large some of money so I feel like I wouldn't put things past them.
So my question is how do we gather evidence if there has been wrong doing? Or to check that all my grans finances are ok. I obviously don't want to go in all guns blazing if I have no hard evidence.
Sorry for the long complicated post

OP posts:
Hotchocolate18 · 09/01/2019 07:09

Thanks Tess exactly I know I can't over ride my gran because she has sound mind and she knows what's going on. So I need evidence to show her if anything is happening. I think bank statements are the one thing I'll need to go through with her.

OP posts:
missymayhemsmum · 09/01/2019 07:38

Lasting Power of attorney only comes in when the person ceases to be able to manage their affairs. However, your gran may have given your aunts power of attorney to manage her affairs, or put them on bank accounts and this may or may not be being abused.

Sounds as though sitting down with your gran to go through her finances so she can learn how to manage them herself would be a sound move, and she'll be able to see where money has gone. What could the documents about the house be? Could she be being asked to sign the house over/ mortgage it? Or is it merely things like getting council tax put in her sole name.

Hotchocolate18 · 09/01/2019 08:52

Just spoke with my DM, she said there's more to the story but my DF didn't want me knowing as he knows I would get so angry. Which annoyed me. Anyway my DM told me my gran can't read so relies on the aunties to tell her what she's signing. So they would know that she can't read her bank statements. My DM read a couple and seems there are things that have come out the account that my gran doesn't know what they are. Also seems to be another account somewhere which my DM is now trying to locate. Her will has also gone missing. So not looking good.

OP posts:
Sicario · 09/01/2019 09:03

I agree with Font - the Court of Protection are there to check that people like your aunts are not taking advantage of your Grandma and financially exploiting their position.

Notaprimeminister · 09/01/2019 10:03

Don't let this go. Your Gran needs an advocate or some kind.

WhatHaveIFound · 09/01/2019 10:15

Does your DM have a copy of the Financial LPA and if so is it written to only come into effect when your DGM no longer has mental capacity? If so then the aunties are out of order and it's a clear case of financial abuse.

My parents are in the process of completing LPAs and have asked that I take over some of their day to day banking as soon as it's in place (they've checked this option on the forms). My DM has never been involved in organising their finance and DF is now disabled so he needs me to deal with the bank.

Tessliketrees · 09/01/2019 11:21

Hotchocolate18 how awful, I really feel for you. It sounds like you and your DM are doing a really good job in difficult circumstances. I would suggest, again, as an interim measure that you or DM be made an attorney in addition to your aunt/s. It would be a good safeguard to put in place while you are still getting to the bottom of things and your GM is deciding what to do. IIRC this would mean cancelling the original LPA and completing a new one.

Has your Gran also given your aunts LPA for health and welfare? I would be really concerned about this if it were the case if (God forbid) anything were to happen to Gran it could effectively lock you and your DM out of all decision making and it is incredibly difficult to remove this type of LPA once somebody lacks capacity.

Mummylife2018 · 09/01/2019 11:42

Unbelievable

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