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.

We have spoken to her today. Fluctuating capacity hits the nail on the head - we had ten minutes of quite good conversation where she had choice words about him and not trusting him and that she would feel comfortable with us having POA.

But then back to talking all kinds of crap again. The chances of her being in that frame of mind when we had a third party present is unreliable. But we will do what we can. Thanks everyone for the advice and support, I've sent the link to my mum to read through.

He's definitely got some problems - never had any empathy his whole life so definitely has some narcissism or personality disorder.

As a minimum I would say criminal damage. If his name is not on the deeds to the house then it is not his property and he can not make changes to it. He has damaged the door by having the padlocks added and the force the owner will need to use to gain access. I would hope there is further legislation about not denying people access to their own property. Otherwise, what is to stop me coming to your home and changing the locks? Then you can pay for the locksmith.

Something else I realised (which I forgot) that may change things here - my grandmother signed the house over to all of her kids over ten years ago.

So he owns one third of this house, but so does my mum, and so does the other sibling. So this gives him rights to be there - however, him restricting my mums access could be a crime? I'm not sure.

The squeaky wheel gets the oil too so don't be afraid to be a polite pain in someone's backside and keep pushing and calling and updating as this is an emergency case that can't wait usual social services (etc) timelines. I know they're busy and have lots of people on case loads and police have lots of cases but politely your uncle won't wait until they're free to act.

That does complicate it somewhat yes, but doesn't negate his abuse or locking the others out or not letting her have her belongings. Is there something on the file that says it's her home until she passes and then becomes their property or is t their home and she's living in it as it were?

No, it doesn't. You can fill in a pro forma if the person has capacity and a social worker can assess this beforehand . It only takes ages to get guardianship, where the person already lacks capacity and is not going to regain it.

Your Uncle sounds like a horrible, horrible man hell bent on taking advantage of you all. If you're genuinely afraid of what he would do in retaliation then that is something you can speak about to the police, even if only to get it on record incase he does get nasty.
Legal advice as soon as possible Op, don't let him get away with this, it's awful to behave as if your poor Nan is dead already

You need to get her will changed, him removed as executor and your Mum to take over power or attorney NOW.

Agree that you also need to raise this with social services and register the complaint with police.

@Stuck185939496 a lot of advice on here but not seen anyone mention the following.

The Brother may be trying to sell the property. Couple of things you can do so you are alerted.

1. sign up to the Land Registry property alert service propertyalert.landregistry.gov.uk
2. Change the contacts on the register to include an email address as one of the three addresses permitted www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register

Also consider redirecting the post, the difficulty is confirmation is sent to the address and the brother may intercept.

If you do decide to enter the property have a list of key documents and memorable items e.g. bank and savings account details, identity documents (passport birth and marriage certs) jewellery, photos which are the priority to remove to a safe place.

As others state contact SS etc.

Safe guard the hole situation to social services GM could be classed as vulnerable adult

Where is there criminal damage? Do you really think someone putting a lock on a gate will reach court? The other two are civil matters.

@Timesawastin - my parents both still have capacity and it took 18 months with the enormous backlogs.

Unfortunately that would be civil not criminal. I can't see there being an easy way with this unless you fight fire with fire and remove the locks.

It's not a police matter, it's a civil matter so it's not a case of it needing to be an emergency. There has been no crime committed, so see a solicitor for advice.

www.gov.uk/become-deputy