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Was just wanting some advice on potential financial,

Customer Question
Was just wanting some...

Was just wanting some advice on potential financial, emotional and mistreatment abuse of an elderly person

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria.

Lawyer's Assistant: Has anything been filed or reported?

It’s just been discovered that a substantial amount of money is missing from a safe

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Previous family arguments about care for my grandmother.

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/6/2017
Solicitor: Leon, Solicitor replied 6 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,578
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

Do you know who took it?

What evidence do you have?

Does your grandmother have her faculties?

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Customer reply replied 6 months ago
Hi,
My grandmother is of sound mind and has been all her life,
We suspect my uncle took it whilst she was in an aged care home as he wanted access to documents in the safe, he was told to wait until she got home and do it together, he didn’t and had someone can and open the safe, she has the name of the company that opened the safe, she realised it was missing yesterday when she herself had the safe open by a different company
Solicitor: Leon, Solicitor replied 6 months ago

She has to report it to the police.

It is theft and a criminal offence.

What evidence does she have he took it? How long ago was it taken?

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Customer reply replied 6 months ago
We suspect it was taken in feb 2017 as she was in an aged care home, only two people had access he did and she did, but neither could remember the combo, so he had it opened by a company, the envelope has written amounts on it but no money in it. He abuses his power of attorney by putting her in a home without her consent.
Customer reply replied 6 months ago
She only found out it wasn’t in there yesterday when she herself has it opened by a different safe opening company
Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

She has to report it to the police.

This is her only option.

Also revoke the power of attorney

He does not need her consent to use the power of attorney he can do what she can with it.

But she has to give the police a statement and if she knows who opened the safe for him get them to give a statement as well.

This is her only option

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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