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I need help to determine a charge for the Police

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ITJOE View Drop Down
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  Quote ITJOE Quote  Post ReplyReply Direct Link To This Post Topic: I need help to determine a charge for the Police
    Posted: 06/November/2011 at 10:02
Hi there,

I'm new to this forum, I want some advice if somebody who has good knowledge of the law could help me I would much appreciate it.

My situation is as follows:

My mother is a legal guardian and Power of attorney of my grandfather who has dementia and is currently in a aged care home beacause he can't look after himself nor his house. So my mother and I have been for a few years.

Yesterday, somebody sent Jims Mowing to his property of which my mother is power of attorney and is responsible for. They didn't ask my mother for permission and my mother was quite disturbed when she found out.

My question is, If we go to the police and we find out who sent the jims mowing service to the property, what can we charge them with?

It's a little disturbing because this time it was professional gardeners, next time it may be professional locksmiths and we don't know if they were hired theifs casing out the house pretending to be gardeners as the house has not been occupied for a few months.

What exactly can we do if we got to the police?

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 12:29
Personally, I'd say it's more of a civil matter.
BSL lawyers: leeches in suits and wigs.
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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 13:23
I agree.

I guess If you wish to discover who sent the contractor you will need to contact the firm and find who called and what arrangements were made re payment.

I know it may be a bit far fetched, but it is possible that a neighbour may have decided to do your grandfather a favour and get his yard cleaned up, and they have paid the bill.
I am NOT a lawyer. Anything said is NOT legal advice.

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turboadam View Drop Down
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  Quote turboadam Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 13:24
Instead of asking about criminal charges, if you can find out the id of who sent jims mowing there, you may find out their agenda.

Was it simply a neighbour getting the lawn cut because it has been neglected and is overgrown?

posting at same time!

Edited by turboadam - 06/November/2011 at 13:25

ITJOE View Drop Down
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  Quote ITJOE Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 14:45
We are currnetly in a dispute with my aunties, and I have a feeling that they sent the tradesmen there out of spite. Since it's not their responsibility and it's even trespassing if they set foot on the property as they have to ask my mother as she has the legal control of the property as she has power of attorney.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 15:46
If your aunt is paying the bill, why worry. She will be responsible for the bill if she ordered the work. Now if she refuses to pay the problem will be between her and the contractor, perhaps you should keep out of it.
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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 15:53
There is another issue your mother should address, the power of attorney.

Was it an enduring Power of attorney? If not it will have no effect if your grandfather has dementia. If it was it gives your mother authority to act for her father, but only in his best interests, stopping someone cleaning up his yard, if it needed cleaning up, is not in his best interests.

You need to look at your motives, having a chip on you shoulder, and causing problems for your mother may in the end result in her losing any authority she may have had.

Calm down and go with the flow.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

ITJOE View Drop Down
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  Quote ITJOE Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 17:22
Just went to the Police, they said before they can act, she has to get an intervention order, once she does that then if anybody in relation to my aunites steps foot on the property, they will get arrested.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 18:47


You will only be able to get an intervention order if there has been threats/intimidation or property damage. Doesn't sound like any of these has occurred.

What's the big problem with someone paying to have the lawns mowed.


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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 19:41
Originally posted by ITJOE

Just went to the Police,

Joe why are you concerned, your grandfather is your aunts father just the same as he is your mothers. Just because your mother has a PoA, your aunts involvement with your grandfather is in no way diminished.

The PoA does not imply ownership, it actually imposes a duty on your mother, not you, to do a few extra things for your grandfather.

The kindest thing I can say to you is, 'have a reality check, man, you are going off half cocked'.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Ponala View Drop Down
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  Quote Ponala Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2011 at 21:33
Follow the advice given above.

It is not a Police matter.

Your auntie has as much rights as your mother does to send people to care for/do work at THEIR father's house, who is in care. Your mother has rights to operate bank accounts etc. that require your grandfather's signature/authority.

Always interesting to see families turn on each other when wills/estates/inheritance become involved. You should all have HIS needs/welfare in the forefront of your decisions.

You won't get an intervention order as there are no grounds for one.



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