Sibling Taking Advantage of Elderly Parent : Righting a Wrong

Tannahill Lockhart & Clark Law LLP Case Studies

Sibling Taking Advantage of Elderly Parent : Righting a Wrong

The client, who we will call Rosie*, suspected that her sister had been using a Power of Attorney to take money from her father’s account before he died. However, her sister was named as estate trustee under the Will and refused to provide any information.

Rule 75.06 : Order to Compel Information
We consulted with Rosie and brought an Application to force the sister to not only provide the banking records, but also the medical records. When the records were provided, it was shown that large amounts were taken from the father’s bank account right before his death, using a Power of Attorney. Medical records showed that the father was suffering from severe dementia when he signed the Power of Attorney.

Result
By using the knowledge of the Court Rules, we were able to settle the matter favourably for Rosie, without having to go through an expensive and lengthy lawsuit. Instead, the matter that was most at issue was solved quite quickly, allowing the cheapest, quickest, and most effective result for our client.

*Rosie’s real name has been changed to protect her privacy

PLEASE NOTE: Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.