Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: My niece has had my mother's bank card since approximately 2009. The account was audited recently, and there were some major discrepancies. My mum has early stage dementia. My niece has been told to come up with the documents within two weeks or this will be taken further. She has said that is going to get herself a lawyer. Should the police be involved? What other actions should be taken?
Filed under Criminal Law | 1520 View(s)
Community Law Wellington & Hutt Valley
Taking money out of another person's bank account without their consent amounts to theft. This is a matter for the police. You should be aware that family ties make no difference, a person can be convicted of theft even if they are the spouse or are in a de-facto relationship with that person.
There are legal mechanisms such as 'enduring power of attorney' or 'property manager' appointments available to permit another person to manage the financial affairs of people who are not capable of doing this. If such a mechanism is involved in this instance, theft may not be involved but the attorney or property manager may be in breach of the terms of their appointment. More information is available on these mechanism at www.justice.govt.nz. Attorneys or property managers can have their actions challenged in Family Court. If either of these mechanisms are involved you should contact a family lawyer or look into attending a family law session at your local Community Law Centre www.communitylaw.org.nz. Otherwise you should contact the Police.
Answered 3 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.