To ask for your help on what you'd do in this situation - family member changing locks

[Stuck185939496]

I posted before about something relating to this and needless to say am quite spooked and don't feel safe so will shut this thread down once I get some advice.

My grandmother is in hospital and is moving into an assisted care space. My mother went to her house today to get her things to find her sibling has changed the locks, padlocked the place up and stole the spare key.

We called 101 and they said they can't help us and to call a locksmith. If we do that her sibling will just do the same thing again. So now my grandmother is unable to get her things, she's 91. The sibling is unfortunately an executor of the will - but presently she's still alive and he has nothing to do with her or caring for her.

What are our rights here? Is this a police matter? Legal matter? There are things of substantial value in the house and I feel like this needs to be escalated to law enforcement in some way. Does anyone know what our rights are here?

My mothers sibling is unhinged and takes the law into his own hands so likely won't stop here. I feel like he needs reporting, but I know this will be nasty. Any advice would be greatly appreciated.

Wow, what a delightful brother

executor of will means absolutely nothing at all with your mother still being alive
once you’ve sorted the lock change, I’d remove everything you and the mother want from the house to a storage unit, and get her will changed so he’s no longer executor. He’ll have to come up with a new fake job title

Can you hire a private security firm who don't mind if things get a bit 'rough' and break into the property with them in tow?

Effectively someone with no legal rights has barricaded your mother out of her home. Surely that’s a police matter?

^ 😳 sorry grandmother

Who has power of attorney?

How's your gm mental capacity? She could create a power of attorney for you or your mother so you can handle her affairs (I'd be looking I to this before the brother does)

You may be able to get advice from Age U.K.

Does your grandmother have capacity to make decisions for herself? And has she got a Lasting power of attorney in place?

power of attorney needs to go to your mother while you still can, I'd get a locksmith and not give the brother a spare key and if he changes the locks then report him as breaking and entering.

Call the police back. Ask for a senior officer if they keep fobbing you off. Shes not dead yet so he has zero rights to lock her out of her own house

Would your mother be willing to change her executor? She doesn't have to change who she leaves stuff to, just who will be in charge. That might be enough to stop them behaving like this.

If she has capacity, LPA and change of executor.

If you access her place for her with the assistance of a locksmith, can you take a back door key or something if there is alternate access and you think he will lock the place up again?

Thank you everyone. No power of attorney yet, she has been suffering from delirium but we are hoping to get this in place with a social worker if she improves.

I'm not sure if we can change her will with her being how she is, as we would need her to speak with a solicitor or something I assume and she's not going to be leaving hospital/assisted care for some time if ever.

I was surprised the police didn't give a toss. I've messaged a friend in the police for her thoughts too. But I know this isn't an emergency so wouldn't be priority for them.

My mum is in complete shock and my Nan now has no belongings so we're trying to figure out our next steps without rattling him further. We could try and kick the door in but worry this will then come back on us.

I would cut the lock off. He has no rights so can't complain.

At the same time book a solicitor to come to her. They will check her for capacity and can then set up LPA and changing the will.

Is there a significant backstory? What's his overall game plan here? Just into weird power plays? Keen to move into the grandmother's empty house now she's moving to assisted living? Why has he gone to the time and effort of lock-changing and preventing his sister from accessing her belongings?

Thank you. We didn't think of this.

Some days she sort of can, other days she's in her own world. She's been in hospital for 6 weeks now.

power of attorney needs to go to your mother while you still can, I'd get a locksmith and not give the brother a spare key and if he changes the locks then report him as breaking and entering.

I agree.

But it is her home and she can legally change the locks herself and it doesn’t need to be the power of attorney.

Ask if she wants it done and then ring a locksmith on her behalf.

Does he think your mum is trying to get the house?

Money.

There's lots of backstories and lots of things he's done. Assaulted a child once. Stole money from my mum once. My grandmother was scared of him before she was admitted. But we can prove nothing unfortunately.

For those insisting that the police should get involved, can you clarify what crime has occurred?

We will certainly see what we can do re. Solicitor. Unfortunately cutting the lock probably won't help us as that's on a gate and then he's likely changed the locks for the front door. The spare key has gone as well.

It sounds like she is currently a vulnerable adult who is unable to protect her own property due to the delirium.

In Scotland councils have a duty to investigate in this situation, if you contact them to identify her as such (as a vulnerable adult).

www.gov.scot/publications/adult-support-protection-scotland-act-2007-short-introduction-part-1-act/

I don't know the law elsewhere in the UK but I think her social worker would know.

This is where we are stuck really. Is changing the locks of someone else's house a crime?

You'd like to think it would be if it was without their knowledge.

Exactly if the grandmother agrees to you entering, you cannot get in trouble for breaking and entering or suchlike.

I doubt the police will do anything and would possibly consider it a civil matter.

Get a locksmith and change the locks again.

get a ring doorbell to record further activity at the property.

and a solicitor asap, they may not be able to help you if she is not of sound mind but I would certainly at least try.

Thank you so much everyone.

Sigh, it usually is. Greedy bastard. Alright, worth spending money on a decent family law solicitor I'd say with knowledge of LPA and Wills. I think the most important aspect is to get the Will changed so he's no longer an executor, remove that power; sign financial and medical LPA to your mum and ideally another non-bonkers family member with good intentions. Change locks again, install a video doorbell. Your grandmother is entitled to access her belongings.

But also acknowledge and come to terms with the fact that Money-mad Brother might end up with more than they are entitled to or worthy of. A bitter pill to swallow, but worth coming to some peace on that for your own long term benefit, as otherwise the burning injustice can really have a long lasting impact.

Raise as a Safeguard Concern with Adult Social Care. I think it would be seen as a form of financial abuse and neglect (which includes withholding of basic needs - in this case personal items and habitation).
ASC would report to the police if it also has criminal aspects.