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The Member Formerly Known as Lusty Dusty
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Discussion Starter #1
I've known an aged couple in town for nearly 12 years. About 8 years ago hubby invested approx $11,000 in kitting out his shed with new woodworking machinery, some of which he hasn't used to this day.
Diementia finally caught up with him and he is now in permanent care. Has been for the past 7 weeks. His missus is a little doddery herself and somewhat trusting. He, through silly spending, has left her with some debt which she is struggling to pay on a single pension as his is locked up by the care facility.

As this couple were regular prime targets of a door knocking religious group, 3 weeks ago the wife was approached by a male from this group saying he had visited her husband and had his permission to sell the machinery and give her the proceeds. She jumped at the opportunity. He and his brother then cleaned out the shed right down to every nut, bolt and screw.
The bloke hasn't been heard of since.
Pointless asking hubby, he doesn't know what day of the week it is.
Although getting a little concerned, but still trusting, the wife did give her permisson for the gear to be removed.

I smell a rat...

Is 3 weeks enough time to arrange the sale of the machinery, considering some of it was very specialised?
Can he be accussed of theft if he had permission?
Why take all the 2c chit if the value was in the machinery?

I have been able to contact the bloke on the phone and although polite, he says that time is his biggest problem and that all is under control.

My biggest worry is that over time the gear would be disposed of without any real compence to the wife.

Any suggestions where I go from here, any options?


Cheers.....Lionel.
 

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After Monday and Tuesday, even the calender says W
06 Td42ti coil cab chassis
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17,160 Posts
I suppose you could get the police to run a check on this chap to make sure his intentions are in the best interest of the elderly couple.
 

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After Monday and Tuesday, even the calender says W
06 Td42ti coil cab chassis
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17,160 Posts
Your quick off the mark this morning esty.;)

I too smell a rat.
 

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After Monday and Tuesday, even the calender says W
06 Td42ti coil cab chassis
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17,160 Posts
People who target children and the elderly make my blood boil.

Like those cvnt's who tied up that elderly chap the other day and robbed then bashed him.
Wouldnt I love a few minutes with that parasite.
 

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The Member Formerly Known as Lusty Dusty
nissan
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Discussion Starter #6
OH!!!....I must add that the wife has not instructed me to get involved.

This elderly couple, because of senility [which is obvious when speaking to them] have been taken to the cleaners several times in the past.
Most by what I would consider to be righteous business people, the very so called pillars of the town... no decency when theres a dollar to be made.

Now the church has joined in.

I shudder to think how much of this goes on.


Cheers....Lionel.
 

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After Monday and Tuesday, even the calender says W
06 Td42ti coil cab chassis
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17,160 Posts
Aah, the good old church.

Hard to believe they would be behind any wrong doing.:rolleyes:
 

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LED ZEPPELIN
1995 GQ TD42 NA
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12,022 Posts
Assuming the person in question is doing the right thing by the couple, what's in it for him/his church? That's the first thing I'd be asking.

If it's fishy then definitely report it to the police - write up and print out a full inventory if you can? I'd also give a copy of it to the leaders of the religious group involved and ask them wtf is going on - the guys who cleaned out the workshop might not want their activities revealed, so reveal them.
 

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The Member Formerly Known as Lusty Dusty
nissan
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6,172 Posts
Discussion Starter #9
Yep.....doing that now Squalo.
Spent many hours in the shed with him so know every bit of kit.

Just as an example to what I said previously:
In 2011 he had his drivers licence permanently revoked. He owned a 2006 XR8, pristine condition with only 34000 on the clock. Wifey hated driving it so he approached a local dealer. Got talked into a 2007 Corolla for $14999 and given a trade-in of $2000 for the Ford.....Robbed with a smile and a handshake.
Then his $18000 caravan.....sold on consignment, $5000?

These dealers spend $$$ advertising how great they are, how they support local charities and not for profit groups......always count your fingers after you shake hands with them I say.

Anyway I digress, list is done. My missus does the gardening for the local Sgt, seeing him tomorrow.

Cheers....Lionel.
 

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1,671 Posts
Clearly said religious person doesn't ever read the Bible......James 1:27 says "Pure and genuine religion in the sight of God the Father means caring for orphans and widows in their distress and refusing to let the world corrupt you."

Report him to the police, if his intentions are genuine then he won't have an issue with this. If his intentions are wrong then exposing him will make him think twice about following through. And if he's already sold the equipment then he'll be liable for prosecution.

TBH even though the lady has instructed you to leave it, if they let themselves get ripped off by the car salesperson like that then they are not going to be able to do much about the tools. So sad :-(

I'm doing work for an old lady at the moment who had a similar experience, she was in hospital for a stroke and her gardener put up his hourly price and charged her for many,many hours of work she didn't authorise. She got back to a bill of a few thousand dollars. Not happy.
 

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Up Early. Who Me?

It is one of the perils of living in Catland .45. You never know when the little buggers will mount "Battle Stations."
 

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After Monday and Tuesday, even the calender says W
06 Td42ti coil cab chassis
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17,160 Posts
You were certainly up earlier than poor old Rastus, or should we call him Potsy Webber.LOL.



Take 3 on stolen GQ........LOL.
 
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Premium Member
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This is appalling. I'm not religious but surely anyone can see what's happening here. I will bite my tongue about now. You can dob them in but permission has already been granted.
What leeches. Now I know why I disagree with religion. This is how wars start.
Sorry I said I would keep my mouth shut.
 

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nissan patrol
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Any luck with the police so far? I will leave religion or lack there of out of this (you did only ask for a legal opinion and I'm not trained in theology).

As a general approach to a hypothetical issue of who has permission to sell possessions belonging to older persons , one possibile approach would be to raise the issue of capacity. If a person resides in a nursing home or facility (especially one in which they do not have control over their pension) then permission or no permission may well be irrelevant as potentially they legally cannot make a decision for themself. Permission 'given' creates no legal rights to handle the items by a third party where the owner lacks the legal capacity to approve such an act.

Likewise a person's spouse (wife, husband or de facto partner) does not own the goods and as such they too cannot legally give permission for the propery to be removed (tricky as possession really can be 9/10ths of the law but strictly speaking as a mere caretaker of the goods they cannot allow transfer of title/sale).

The real question to ask is who IS authorised to act on a person's behalf? Normally a nursing home would require a power of attorney to be signed which names a person/s who legally can act on behalf of the person lacking capacity. If that person objects to the actions of the accused you have a case for theft.

Sorry to have to remind anyone reading this - but this is not legal advice of any kind. I am merely suggesting one possible avenue of thought.
 

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The Member Formerly Known as Lusty Dusty
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Discussion Starter #15
Thanks Colesy, luv your style. You arn't a Barrister by any chance....lol.

Not able to speak with the Police untill later today, I did manage to get the blokes e-mail address in the meantime and instead of telling him I'll be around to break his bones and repo the gear, I will now send him a civilised message outlining the situation and if I may, paraphrasing your reply.

Cheers....Lionel.
 

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The Member Formerly Known as Lusty Dusty
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Discussion Starter #17
Just a quick update if anyones interested.
Old Sarge reckons he can be prosecuted if he does not return the gear.
A couple of e-mails between the bloke and myself has given me the impression he's not intending to return anything and calling my bluff. Unbeknown to him, in the meantime, the Public Trustee has become involved and asked for my list. The blokes dogmeat now. The PT are out for blood....lol.

This is, of course, a double edged sword. While the PT has their clients welfare in mind, they do tend to make life very difficult for his wife....apparently she and her welfare mean nothing them.

Anyway thanks to everyone and Colesy.....great outcome.


Cheers.....Lionel.

PS: Just wondering if he is in the Church because he is a believer...or...is being in the Church give him access to vunerable folk. I did mention this to someone I know in that particular Church, but got the cold shoulder.....covering their ass as usual.
 

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Great to hear you followed up on it Lionel. Here's hoping the bloke sees some sense with the help of the PT and the property is rightfully returned! Certainly not a Christian attitude.
 

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Premium Member
Triton n Lovin it.
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If there is a hell, he will burn in it mate. :angryfir:

Foo
 

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The Googlest, Apparently!
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Good on you dude.

The old PT can help a lot sometimes.

When we cleaned out my mate Pete's house (well, your brother and Brad did, we provided the supervision lol) we had issues with his ex on recovering money from the filthy sow for the 3 1/2 tonnes of rubbish we removed from the place.

She had advice that she did not have to pay all of it, and Pete had to pay half (money to come out of the house sale split), despite the fact that Pete had not lived there in 7 years.

Coz I was Pete's' legal guardian and financial administrator I thought that it was not right that I would have to take her back to family court to get the money. Especially as the FC had already ruled on it in Pete's favor.

Got talking to a legal adviser I knew and she said 'don't bother, call the PT's'.

Bloody hell, that is the only govt department I have ever seen move at speed.

Within 4 days she had been served papers. They sure do not fark around.

I represented Pete 3 times at family court, and won despite the pig having real legal representation.

But it was hard work, family law is a bit of a mine field if you're not careful, so I did not really want to do it again.

Bugger me, if I had known that the PT were like attack dogs I would have called them in first time up ...
 
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