stolen money help!!

Morganarla

Not being critical or nasty or anything, honestly! But if you separate your original post in short paragraphs with a couple of lines in between, it makes it SO much easier to read

Then more people might be able to help. I have no idea of what to advise but I know that when I was reading it, going cross-eyed from trying to read it didn't help me to understand what's going on!

Hope you get it sorted xx

Scorpio33

carol53 wrote: »

no my nana had severe alzeimers . yes anne took the money to pay the home, thats what she was meant to do and what she was trusted to do, hence why she power of attorney. but she misused the rest of the money stealing it , which she admits to. joanne wasnt power of attorney, Jean was shes the one that wants to goto the police as her and anne had power of attorney only in the last 6 months of her life. so it was like the good auntie and the theif auntie that were power of attorney.joanne is the other sister that we belive she has something to do with it although we dont know for definate! surely anne can get something done to her as my nana wasnt of sound mind and she abused her trust? x x

How did she take the money out though? If it was from an ATM, then technically it would be seen as your nana withdrawing the money from the ATM. Then it would be seen as your nana gifting money to anne. Again, nothing illegal.

OK morally she has used money not meant for her, but technically she hasn't done anything wrong. So I don't think there is anything you can do.

What have the solicitors said who you have approached (apart from the £1000 letter)?

carol53_2

hi duck egg yes thats exactly whats happened... can i edit original post? il try and make it easier x x

accountingbod

on a slightly seperate point, if it was to be seen as her nana gifting the money out, then as it falls within 7 years since her death (partailly exempt trasnfer), depending on the size of her estate, there still may be inheritance tax to pay on this? The tax free nil rate band last time i checked was £325,000
Correct me if i am wrong...

carol53_2

not alot really they just need some paper work to say she abused her trust, such as a letter stating she had power of attorney in last 6 months... etc and there are hardly and prosecution solicitors where we live and the rest are £200 plus per hour and we cant afford to pay that. looks like shes gonna get away with it . she went into post office and withdrew the money with the card, i think over the counter x x

carol53_2

really account? that would be a good way about it but her estate was solely the £31k x

Scorpio33

carol53 wrote: »

not alot really they just need some paper work to say she abused her trust, such as a letter stating she had power of attorney in last 6 months... etc and there are hardly and prosecution solicitors where we live and the rest are £200 plus per hour and we cant afford to pay that. looks like shes gonna get away with it . she went into post office and withdrew the money with the card, i think over the counter x x

Maybe a step forward is to approach CAB and see what they say?

Abuse of trust has defo occured, but I am not a legal expert, so not sure what can be done. Perhaps the CAB can recommend somewhere to get free legal advice. Saying that, most solicitors should not charge for an initial consulation. From what you say, it sounds like there is a civil case to answer - but would that be generally only to get compensation - ie: the £31k back.

Realistically, can you prove it, and if so, how likely are you going to get any money back?

It sounds as if she is offering what she can afford, which should be taken until you get to the level of what is owed. Most courts would probably agree on payment based on affordability.

accountingbod

if it is only the 31k and no other gifts were made then i think this would make it exempt from tax so a bit of a no-go.
If you wanted to double check you could post this on the small biz boards as there would be some practice accountants who could confirm. I am in industry so it is not my area of expertise!

carol53_2

cab said to get intouch with a solicitor and when we did get in contact with them they only deal with defense cases... it seems everywhere we turn were getting no help. we have all the bank statements etc. the thing is she wont give us anymore money or we would just settle she and her husband rang my dad swearing shouting abuse etc she really doesn't care !! i think its the last we will hear from her. we can get a statement from social services saying the amount she paid them 19k, thats not a problem so surely she should have to account for the rest of the money?! so were not gonna see a penny, but we have accepted that we just want her accountable!! so frustrating.. shes a vile vile creature. what if we could tae her on the phone admitting it etc?!

tooldle

You will need to account for any money given to nana as pocket money, or shopping that was done on her behalf. It is not simply a case of deucting care home fees. The way you have done the math implies that nana did not have so much as a hair cut in three years. These are incidentals and would not be included in care home fees.