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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12187
Experience:  30 years as a practising solicitor. Partner in own firm.
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In 2014, my mum sold her house and quit her job so she could

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in 2014, my mum sold her house and quit her job so she could move in with her parents - her mum had Alzhiemer's. She cared for them both until her mother's death in March of this year.Her father is 84 and living.My mum's brother and his wife are planning on taking my mum to court, accusing her of fraudulent activity on her parent's bank account. Myself and my siblings have had financial help from my grandfather during the time that my mum has been there.However, I had financial help from my grandparents before mum moved there - in 2012 - and have a hand written letter from my grandad saying if i needed more help, I should just ask.My aunt and uncle have made it clear that:- They think my mum has taken advantage of my grandfather financially - they are saying that he's not been in right mind since before mum got there
- That there has been excessive spending on one of my grandfather's accounts (expenses have gone up since my mum moved in - but mum has bought in extra income meaning the net spend is comparable)
- They say they are trying to 'protect' my grandfather from my mum - even though all help has been given with the consent from my grandad- once his bank called him to ask if a large transfer was made by him (to me) and on the phone, he said yes.
- My aunt and uncle are calling my mum at least once a week with phone calls threatening with court, accusing her of cheating a dying man etc.I'd like to know what documents/evidence my mum needs to gather should this go to court.Thank you

Does your grandad have capacity to make his own decisions? Does your mother have power of attorney from him?

Customer: replied 1 year ago.
currently my grandad does have the capacity to make his own decisions. Mum doesn't have power of attorney - my mum had mentioned this to a doctor and he had said there would be no reason to since my grandad was fine

That in fact is good news because already you have a doctor who says that your grandad is fine to make his own decisions. What you do now is get grandad to send a letter saying that he has made his own decisions and is capable of doing so. He should also meet with his solicitor and explain that he wants to help his grandchildren. Just a general chat with the lawyer who can then note the conversation and that your grandad is well capable of making his own decisions. Your mother should at the same time refute the allegations made and threaten proceedings for slander/defamation is he persists. Sometimes you have to fight fire with fire and I hope this helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
thank you

You are very welcome. I hope you get this sorted.