After we had decide that mum’s deteriorating Alzheimer condition left her unable to care for herself while living alone in her home in New Zealand, my siblings apparently decided to relieve our mum of her financial assets on the pretext of preventing her from managing them unwisely.
Here 10 years later is sibling Robin admitting that mum was totally incompetent to manage her financial affairs and had been for some time, e.g. she was sold a lease-hold just before the lease expired!
The arrogant shit has the temerity to pretend that him grabbing all mum’s Fidelity shares was somehow beneficial to us all, but I shall be looking into his lies in due course as evidence shows Robin had possession of these and other major capital assets many years earlier already.
But back to year 2000 now… Marc, drove up from Queenstown to visit mum in Nelson. He got a local solicitor, Christopher Colin Wright to draw up a power of attorney to make all the decisions for her well-being and care. He also had powers of attorney over mum’s financial assets drawn up.
Mr. Wright neglected to question why the existing powers of attorney would be inadequate and why the new ones were only for some of the children and not for others.
Note: During court case in CIV: 2016-485-125, about 16 years later, it became clear this had been to conceal the fact these siblings had already helped themselves to considerable financial assets and had in fact been doing so since 1980.
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Now considering the need for this power of attorney would have been mum’s declining mental capacity, then to me this solid wall of legal jargon suggests they were trying to bamboozle her and obfuscate what exactly she was signing so as to take advantage of the misguided trust she placed in her “Queenstown Architect” son.
Clutching this document firmly in his hand, Marc left mum sitting in Mr Wright’s office while he dashed out to a nearby real-estate agent to put her home on the market without her being present to ask WTF he was up to.
Back then, New Zealand had a gift duty, but in the Netherlands where mum had been born, there was no such tax. They flew her out to Maastricht, registered her new abode and dumped her in a shabby rental flat up two flights of stairs. When I went to rescue her 3 years later the smell and dust in her flat suggested she hadn’t washed in all that time and the only food she had in the house was a jar of peanut butter that she had been eating bit by bit with a small tea spoon.
Mum said she didn’t like the nephew coming round every week and that she had told my siblings: “op dat hok ga ik niet zitten” (I don’t want to live in that shit-hole), but that they had just ignored her.
Now 10 years later, solicitor Colin Wright produced an affidavit in the Wellington high court testifying that he remembered Mrs Scaife being in full possession of her mental faculties when she signed the power of attorney that he witnessed.
Sadly for Mr Wright, qualified medical experts, both a few months earlier in New Zealand as well as a few months later in the Netherlands confirmed mum was in fact suffering from “cerebral atrophy” and in need of help even with simple daily activities…
Certainly not what I consider mentally competent to sign such a comprehensive power of attorney in favor of a self serving beneficiary of her estate: These assets should have been put in a trust.
- Conspiring with a greedy heir to rip of his elderly mother
- Turning a blind eye to her declining mental capacity
- failure to question superseding existing powers of attorney for some beneficiaries and not others.
- Lying to help fraudsters cheat their sibling
- Perjury in an affidavit to the Wellington High Court…
I may not know much about the right legal jargon for this bull-shit, but unethical conduct and professional negligence seem blatantly obvious to me. One thing I do know is that “legal privilege” cannot be used as a pretext to conceal fraud or professional misconduct and that under these circumstances it is forfeit.