[Closed] Paid council carer for elderly relative on will as executor!?! Illegal??

Maybe if his daughter visited more, showed some loving care of her own she'd have got more?

Sounds sneaky about the dog though, if she really cared for the old fella surely sh'd have given him the dog as a gift?

Yeah, but she's in her mid 60's and lives nearly two hours away. They do all they physically can without making themselves ill!

Worked for LCC the dog and the car will almost certainly be against T & C of employment as will the will bit.

Harsh as it is may appear to relatives many people leave things to people who help them in their hour of need.
We had rules over the size of gift that could be left but I forget them now.

Cheers JY, no problem with a gift being left for the carer, quite right that this can happen, but there have got be limits as you say!

FWIW the old boy's neighbour was already very suspicious of the carer before the car thing happened..

All absolutely out of order. The car, the dog, the gift, the executor will all be against the rules for council employees.

The carer is abusing her position. Report her - she should be disciplined and probably sacked.

TJ has it does seem she's taking advantage of him, go through the authorities and you never know someone might even let it slip to the local rag.

A similar thing recently happened up here. The concerned person queried it with the social work supervisor who immediately reported it to the police. Don't know the outcome yet, but the social work dept clearly thought it was dodgy.

But doesn't the executor just distribute any monies from the will? Does it matter that they are getting some money and also have the (joint) responsibility of carrying out the wishes of the deceased?

EDIT: Although on reading the OP again, it seems she has been taking the piss a bit with some of her actions.

It's not being both executor and beneficiary that's the issue, that is entirely normal.

Thanks for the comments so far guys, much appreciated.

As I understand it the executor(s) is responsible for clearing the house, dealing with bills, closing bank accounts etc. I wouldn't be happy with a stranger dealing with my parents' effects, particularly when they could be of sentimental value.

That's not right at all, get on to the council as soon as possible, it's a total abuse of trust.

I thought you couldn't be a beneficiary and an executor - that may be wrong tho.

Any gifts must be discussed and approved by her supervisor and no way on earth should she be dong financial transactions without clearing it with her boss - and I very much doubt it would be given.

Just report her to the social services dept. Tomorrow.

I thought you couldn't be a beneficiary and an executor - that may be wrong tho.

Think it's fine TJ. My aunt just executed my grandfather's will, and got half.

I would have thought that it constitutes a conflict of interest. Ask her employer.

http://www.elderabuse.org.uk/About%20Abuse/What_is_abuse_signs%20financial.htm

Its not conflict of interest - its abuse.

No problem with being an executor and beneficiary, its the professional standards / ethics / code of practice that we're concerned about and whether its even legal for someone to be perhaps abusing their powers to such an extent.

Will drop the company an email I think, just a gentle enquiry for now to find out what is legal / what is ethically or professionally wrong / what is downright illegal.

At least if I do it it shouldn't be traceable to any particular carer as it may just be blind stupidity on the her part so a quiet word might sort it.

Cheers for the link TJ - what I don't know is what constitutes abuse of this nature (i.e. will changes being her doing or suggestion at some low level) rather than the old boy just wanting to make a parting gesture that she is not a party to. It seems unlikely or at best bloody stupid on her part if it is the case (not her doing) but I don't know that it can be ruled out completely.

Teh carer should know this is unacceptable - there should be a policy in place. She should not be allowed in the house again. Even if the old man offered this by not refusing it she is in breach of the rules.

Contact the social services dept by phone and follow it up in writing.

There must have been some suspicion on her part that she was doing something borderline illegal or else why would her husband rather than her have bought the car? Typical old person too - unknown bundles of cash around the house which is another major worry should anything happen to him.

you know of course that an executor can amend a will themselves.. and that they often do my great grandmothers former solicitor was her executor and lo and behold he and his family inheriteied over 300k her only relative my dad got 1500 quid..
your circumstances are far from uncommon, in my early 20's some 30 years ago one likely lad a janitor at the hospital befriended old ladies went round every day drank tea chopped wood etc.. move on 30 yrs and several old dears later hes a big shot kids in public school oxbridge etc all the trimmings.. never done a days work other than helping old ladies..

Typical old person too - unknown bundles of cash around the house which is another major worry should anything happen to him.

another reason why the carer must not be allowed back in the house once you raise a complaint.

Got to agree with TJ and most seem to say the same , just report her, there should always be a proffesional distance between cklient and carer.

There was a case in chester last year, that the carer went to prison for misaprropriating money from an old chap.

Just found this web site, read and be afraid as these thieves where caught, how many are not.

ALWAYS REPORT ANYTHING DODGY WITH OLDER PEOPLE,IT COULD BE YOUR FAMILY NEXT.

http://www.elderprotection.co.uk/Justicedone.html

In Scotland there is legislation* designed to protect vulnerable adults at risk of harm or abuse. England has similar legislation - look it up and/or contact your GF's grandfather's local Social Work office. They'll be able to investigate further.

*It's pretty weak in reality but better than nothing.

Wow, as dodgy as dodgy gets. As has been said before, call the employer and make sure the person never sets foot on the premises again. Also change the locks.

Any benefit (gift, legacy, extra contact outside work etc) must be declared. Its got to be declared to the employer. It can count as a conflict of interest.

Report to council asap. Even if the career works for another company under direct payments scheme the council have the ultimate duty of care.

I come across this occassionally in my work (Paramedic) and always complete a 'vulnerable adult' form.

You don't mention what your Grandfathers mental state/capacity is but as has been pointed out above, what has happened is certainly unethical and probably illegal, the car in particular. Report it asap to the council and if it was me, I'd also be having a word with the Police. She may have done it before and be in the process of conning other elderly clients

Support workers and carers have very precise codes of practice about this sort of thing. This sounds very much like abuse. You need to report this to the council, or the Care Commission if the council do not take it seriously (which would be extremely surprising in my experience.)

Something similar to this happened with my deceased grandfather and a gardener that befriended/harassed him. You [u]must[/u] take it up with the employer/council if you are to affect or influence the 'executor' status of the carer.

Disgraceful though. Makes me very, very sad.

too many daily wail reactions .. selling the car cheap is legal, been an executor is legal immoral yes illegal no.

totalshell - both will be against the guidelines for working with vulnerable adults. I don't know the specifics of the rules for this council I do know the principles by which situations like this should be managed.

You could call it OTT reactions or you could look at those that deal with vulnerable adults for a living who have understanding and training on such matters giving advice based on this.

This is totally wrong on all levels. Ring up social services and mention POVA. (protection of vulnerable adult). It's there to protect all patient's/clients. Not just physical but financial.

Your local council should have a Protection of Adults Officer too, title may vary, that's worth contacting.

Would you let us know how it turns out? One issue is the old man will possibly / probably be very upset - something to watch out for. He will probably have developed an emotional dependence on the carer.

Thanks for the continuing advice guys, very much appreciated. The old chap is more or less all with it up top but I'm sure he is at least to some extent emotionally dependant on the carer.

Will let you know how it pans out but hopefully it can be nipped in the bud.

Cheers, Andy.

Catnash and drac have it spot on. I work in adult social care and am sometimes involved in complex safeguarding cases concerning older people. Financial abuse of older vulnerable people is sadly not rare. Speak to the council and/or independent safeguarding authority and get hold of an 'alerters form'. This then goes to the council. A meeting should be called and the evidence will be assessed. If it's taken forward then it will usually be dealt with through a multi agency approach. Police would likely be involved.

Grapefruit - as its a council employee (even if indirect) I would hope much quicker and harder action would be taken. The carer must be removed from the house immediately any complaint is made to prevent her taking anything else surely. She cannot do what she has done within the rules surely?

this is quite sad for all involved (carer not included). if it turns out she is manipulating him for financial gain, I hope she gets her cumuppence in either her job or jail or both. if what's been said is true in regards to rules against this kind of thing I hope the examples of the dog and car are enough to warrant an investigation and that she is removed from her post immediately to prevent her manipulating him even further.

all the best

TandemJeremy - I understand where you're coming from and my personal feelings would be along the same lines. Certainly the examples stated by the original poster sound pretty compelling and worth delving deeper to check out. First things first to support the older person here is to get the alerters form done - or report the alleged abuse verbally to social services and they can fill it in on the alerter's behalf. This will force the issue through the proper channels and give people a chance to weigh up the strength of the evidence and determine further action. If it's a council employee then they may be removed from those duties asap pending investigation. If it's staff from a third party provider then the council can still force the issue citing appropriate contract terms and standard safeguarding procedure. Most providers worth their salt would endeavour to remove the staff member anyway and should want to fully cooperate with any investigation (it usually rings wider alarm bells if they don't).

any news from this?