A 96-year-old woman has allegedly lost almost $500,000 to the people who were supposed to care for her.
Key Points:
- The woman’s son and daughter-in-law allegedly transferred more than $84,000 of her money into her accounts
- Court documents allege 96-year-old man asked to sign blank checks
- The alleged behavior came to light when a bank manager showed the woman the transaction statements
Documents filed in the Mackay District Court allege Maxwell Finlay Turner and his wife Debbie Maree Turner abused the trust of their mother, Kathleen Turner, by having her sign blank checks for several years.
The alleged behavior only came to light when another family member took Kathleen Turner to her bank in September 2020 and the manager revealed her account balance and transactions over the past few years.
Legal action was taken against Debbie Turner last year in which the judge ordered her to repay more than $401,000 or prove she was in good faith.
But in recent weeks, a second lawsuit has been filed against Turner seeking about $85,000 in restitution.
You are asked to sign blank checks
In the claim, Ms Turner’s lawyers said her son and daughter-in-law moved into their Eton home around December 2015 after she suffered a fall and broke her hip which required surgery and rehabilitation.
The couple asked Mrs Turner to pay for an extension to the back of their house to increase the living space, which she agreed to.
He had his son and daughter-in-law take care of the financial arrangements with the builder, signing checks to pay for the work.
The woman’s lawyers claim she was asked to sign blank cheques. (File photo)
It is claimed that as Mrs Turner got older, she trusted Debbie Turner more to manage her day-to-day affairs and did not believe she had reason to distrust her when she was asked to sign blank cheques.
She was told the checks were used to contribute to the cost of the food.
“Plaintiff (Kathleen Turner) signed because she believed she had an obligation and trusted Debbie to fill out the rest of the checks in an honest manner,” the documents allege.
“There were words to the effect of, ‘Sign this, it’s your contribution to food and household expenses.’
It is alleged that Ms Turner was not informed to whom the blank checks were ultimately being issued or the amounts.
“Trust in acting honestly”
The documents allege that as Ms. Turner grew older, the arrangement between her and her son and daughter-in-law evolved.
The Eton home was a considerable distance from medical facilities, grocery stores, and other families, and Mrs. Turner found it convenient to trust her daughter-in-law.
Ms. Turner gave Debbie Turner access to her checking account, but her attorney said that did not mean she had permission to operate the account.
It is alleged the money was taken from Ms Turner and deposited into the couple’s accounts. (File photo)
The documents allege that Kathleen Turner did not know where her checkbook was in the house and was only shown it when Debbie Turner asked her to sign each check.
“The plaintiff cannot provide times and dates of signing as she only learned of what was happening in September 2020.
“Before I had no reason to worry or take note of the time and date … I trusted them to act honestly.”
The documents also allege that Debbie Turner told Mrs Turner that she would pay her a higher rate for her pension/carer’s allowance if Mrs Turner was assessed to have dementia.
“The claimant had an assessment by a GP in 2020 and expressed an interest in permanent residential care. He determined that she was capable of making her own decisions.”
Refund requirements
During a visit to her bank in 2020, the extent of Ms Turner’s misuse of funds was revealed.
Transaction statements provided by the bank manager showed checks made out to Maxwell and Debbie Turner, beginning in April 2018 and ending in February 2020.
The total amount paid to the couple was $84,984.90
The documents state that Ms. Turner received no benefit from the payments and that Debbie Turner knew that Ms. Turner was unaware of what was going on.
The 96-year-old woman has taken legal action against her son. (ABC Tropical North: Melissa Maddison)
Lawyers for Mrs Turner allege that Maxwell Turner was fully aware of what his wife was doing because they had received the money into her accounts and took no action to return it.
The couple has refused demands to return the money or provide a statement that is being held in trust.
A separate action against Debbie Turner last year resulted in a judge ordering restitution of more than $400,000 after funds from three accounts were misused.
The CBA has attempted to confirm whether this refund has been made.
The current legal action is against Ms. Turner’s son and only concerns the checking account.
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Elder financial abuse is a concern
National Seniors Australia’s Ian Henschke says up to 14% of older Australians experience some form of abuse, with financial being the most common form.
He said 85 percent were committed by family members, with children accounting for more than 50 percent.
A national campaign to tackle elder abuse has been launched, with a helpline available to offer confidential support.
Anyone in Queensland who needs advice can contact the helpline on 1300 651 192; for out of state phone 07 3867 2525.