Alleged verbal agreement

[starryuk]

Please can someone advise me?

The problem is that someone( known to the pwd in question) is insisting that they should be receiving a large amount of money every month from the Pwd as it was allegedly promised. The next of kin is refusing to pay out this money as she believes this is abuse of a vulnerable person and it will be needed to pay for the care home where the pwd resides.

The pwd denied having made any such promises when the issue was discussed with him and the manager of the NH. While in hospital recently, the medical staff had to step in when the pwd became agitated as they were being asked to sign a large cheque for this person who had come to visit. The staff stated they had a duty of care to the pwd.

This person is now threatening to go to ‘the authorities’ and sending abusive emails to the next of kin. The details of the alleged agreement vary from email to email.

What should we do?

 

[witts1973]

Please can someone advise me?

The problem is that someone( known to the pwd in question) is insisting that they should be receiving a large amount of money every month from the Pwd as it was allegedly promised. The next of kin is refusing to pay out this money as she believes this is abuse of a vulnerable person and it will be needed to pay for the care home where the pwd resides.

The pwd denied having made any such promises when the issue was discussed with him and the manager of the NH. While in hospital recently, the medical staff had to step in when the pwd became agitated as they were being asked to sign a large cheque for this person who had come to visit. The staff stated they had a duty of care to the pwd.

This person is now threatening to go to ‘the authorities’ and sending abusive emails to the next of kin. The details of the alleged agreement vary from email to email.

What should we do?

For a start I would get the care home and hospital to refuse any access be given to the PWD by this person,I would also see if the police could have a word

 

[Louise7]

Does the next of kin (or anyone else) have power of attorney? If not, I'd suggest that this is put in place if possible. With regards the threats/abusive emails, if I was in that situation I would send a reply stating that if the threats/abuse continues the emails will be taken to the Police. It might make the individual think twice before sending any more and frankly if they try 'going to the authorities' they aren't going to get very far! If the PWD is in a nursing home the next of kin could speak to the manager, explain the position and ask that the home prevents the person making the threats from visiting. You could also consider raising a safeguarding issue with the social services if the person making the threats continues to try to get money from the PWD directly.

 

[karaokePete]

A verbal agreement can be hard to establish in law when a disagreement arises, although not impossible.

A court will usually like to see some evidence that an agreement was made. However, that evidence can be very simple like a scribbled note, or witness statement, or some action being undertaken to imply the existence of a contract for services or goods.

Legal advice would probably be required if the matter is taken further.

 

[marionq]

I would go to the police now as this harassment of a vulnerable person and also the next of kin. In a similar situation I found that only a warning from the police put a stop to this kind of behaviour.

 

[starryuk]

Thank you for your ideas everyone. I would like to give more details of the situation, but feel it might be unwise on here. I’ll pass on your replies to the next of kin and update if/when anything develops. Thanks again.

 

[starryuk]

Marionq, what sort of evidence would we need to take to the police?

 

[nitram]

someone( known to the pwd in question) is insisting that they should be receiving a large amount of money every month from the Pwd as it was allegedly promised.

Marionq, what sort of evidence would we need to take to the police?

Surely it is up to the 'someone( known to the pwd in question)' to provide the evidence.
Evidence of a non event is very difficult.

 

[canary]

Marionq, what sort of evidence would we need to take to the police?

I would have thought that the abusive emails with the inconsistent details of the so-called agreement would do it. Show them to the police and say that the PWD (who is vulnerable) is being financially abused and the nok is being harassed.

 

[jenniferpa]

There's a big difference between a verbal contract and a verbal agreement. The former requires some kind of action and consideration as in: you do this and in return I'll give you £x. A verbal contract is enforceable if there's evidence to support it. A verbal agreement however, such as I'll give you £x money a month but you don't have to do anything in return is not going to be enforceable as it stands. If it was something like informally agreed child support say, then the person who was receiving the money would have to go to court to get a formal award. If it's not for something like that, then it's simply a gift and you can stop giving gifts any time you want.

To report it to the police - well just report it and ask them what they need to take it further. They would probably need witness statements from the staff at the nursing home but it would be up to them to get them. Print off any emails that have been received and sent. Is there a DOLS in place? Because that can restrict access to the PWD dementia. Because if that person can't get in to harass that resident then all you have to deal with is any abuse hurled at the family and if it's by email or phone you can just block them.

 

[starryuk]

Thank you everyone, what you have said is helpful.