Granddaughter stole £71,600 while she had Power of Attorney over ‘frail’ elderly relative

Madeline Shaw, 32, from Thirsk near York, has been jailed for one year and six months at York Crown Court after she transferred large sums of money from her elderly grandfather’s bank account to her own while trusted to act as lasting power of attorney.

Madeline Shaw, 32, from Thirsk near York, has been jailed for one year and six months at York Crown Court after she transferred large sums of money from her elderly grandfather's bank account to her own while trusted to act as lasting power of attorney.

In total £125,000 worth of life savings were moved to Shaw's bank account, however, she pleaded guilty to fraud by abuse of position only in relation to £71,600, claiming the remaining £53,000 was put into a property investment scheme for her grandfather's benefit, which turned out to be a scam.

Shaw also took out £4,490 in cash along with making payments to clothes shops including Next and Fabletics.

The fraud came to light in 2021 after her grandfather's death when solicitors noticed money missing from his bank accounts.

North Yorkshire Police launched an investigation and were able to show that shortly after being given power of attorney, Shaw transferred £99,590 from her grandfather's bank account into her own, this was followed by further transfers of £20,000.

Concerns about Shaw's handling of her grandfather's finances were referred to the Office of Public Guardian (OPG), resulting in his accounts being frozen to prevent further loss.

Shaw claimed the money was used on her grandfather for days out, which could not be proven. She also said funds were taken to refurbish her grandfather's home. Despite claiming that she had asked local traders on Facebook to carry out works, she was unable to provide the names, documentation, or any evidence of work carried out.

Her grandfather's home was in such a bad condition when Shaw had power of attorney over it, that an assessment found no improvements could be made due to the major refurbishment required.

Following her grandfather's move into a care home, Shaw failed to pay for care fees and provide basic personal toiletries requested by carers, even though she had access to the funds in his savings.

Investigating officer, PC Emma Harris of North Yorkshire Police Economic Crime Unit, said: 'Madeline Shaw betrayed the trust placed in her to act in her frail grandfather's interests and ensure his money was used for his benefit.

'She has lied about what she did with his money but thankfully, when faced with the evidence has pleaded guilty and is now facing the consequences.'

North Yorkshire Police said a Proceeds of Crime Act hearing will be held at a later date to recover the money.

Yet another sorry case that might have been prevented by drafting the PoA to ensure more than one signature was required to operate the bank account.

Peter Nichols – Tax Director BFN Accounts & Tax
http://www.bfnaccounts.com

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