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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14858
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My youngest Daughter from my first marriage has power of

Customer Question

My youngest Daughter from my first marriage has power of attorney for her mother who is in a rest home is badly bi-polar and verging on dementia ,she recently inherited around $40k from her fathers estate. my eldest Daughter somehow duped her mother into giving her the pin number and efpos card and over a period of 8 weeks spent over $35k of it. I warned my youngest Daughter that this was happening way back in June 2015 but she took no action ,I also informed the rest home but the said "We cannot do anything about it" My youngest daughter received bank statements and was horrified at the extent of the theft,she managed to save enough money for a very basic funeral for when her Mother dies, I have a soft spot for my first wife and am incensed about this blatant theft of a poor ladys only means of comfort in the declining fears of her life. Q.who can be held to account for this?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

The actions of your eldest daughter is of course theft. She had no right to this money and the circumstances under which she took the money are reprehensible, taking advantage of her mother in this condition. There are two ways to resolve this as I see it. The first would be to complain to the police, but this would mean your daughter would possibly go to jail. As part of the sentence there would be an order for reparation to compel her to pay back the money to her mother. The second way to deal with this, to keep it within the family, would be to get her to sign an agreement acknowledging that she had taken the money and setting out a payment schedule. This would hopefully generate enough money for her mother's funeral, and could be enforced as a civil debt if she defaults, without getting the matter into the court as a criminal matter. The choice is really for your younger daughter, so she must decide what she does in the circumstances