A 96-year-old woman has allegedly lost almost $500,000 to the people who were supposed to be caring for her.
Documents lodged in the District Court in Mackay allege Maxwell Finlay Turner and his wife Debbie Maree Turner abused the trust of his mother, Kathleen Turner, getting her to sign blank cheques over several years.
The alleged behaviour only came to light when another family member took Kathleen Turner to her bank in September 2020 and the manager revealed the balance of her account and transactions for the past several years.
Legal action was taken against Debbie Turner last year in which the judge ordered she repay more than $401,000 or show it was held in trust.
But in recent weeks a second suit has been filed against Mr Turner seeking about $85,000 in restitution.
Asked to sign blank cheques
In the claim, lawyers for Mrs Turner said her son and daughter-in-law moved into her Eton home in about 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 rear of her home to increase living space, to which she agreed.
She had her son and daughter-in-law attend to financial arrangements with the builder, signing cheques to pay for the work.
It is alleged that as Mrs Turner aged, she relied more on Debbie Turner to manage her day-to-day affairs and did not believe she had a reason to distrust her when she was asked to sign blank cheques.
She was told the cheques were being used to contribute to the cost of food.
"The plaintiff (Kathleen Turner) signed as she believed she had an obligation and trusted Debbie to fill in the remainder of the cheques in an honest manner," the documents allege.
"There were words to the effect of, 'sign this, it's your contribution towards food and household expenses'."
It is alleged that Mrs Turner was not informed who the blank cheques were ultimately being made out to nor the amounts.
'Trusted to act honestly'
The documents allege that as Mrs Turner aged, the arrangement between her and her son and daughter-in-law evolved.
The home at Eton was a considerable distance from medical facilities, grocery outlets and other family, and Mrs Turner found it convenient to rely on her daughter-in-law.
Mrs Turner gave Debbie Turner access to her cheque account, but her lawyer said that did not mean she had permission to operate the account.
The documents allege Kathleen Turner did not know where her cheque book was in the house, and was only shown it when Debbie Turner asked her to sign each cheque.
"The plaintiff is unable to provide times and dates of signings as she only became aware of what was happening in September 2020.
"Prior to that she had no reason to be concerned or take note of the time and date ... she trusted them to act honestly."
The documents also allege that Debbie Turner told Mrs Turner she would be paid a higher rate for her carers pension/allowance if Mrs Turner was assessed as having dementia.
"The plaintiff had an assessment by a GP in 2020 and expressed interest in permanent residential care. It determined that she was capable of making her own decisions."
Demands to repay money
During a visit to her bank in 2020, the extent of misuse of Mrs Turner's funds was revealed.
Transaction statements provided by the bank manager showed cheques made out to Maxwell and Debbie Turner, starting in April 2018, with the final one in February 2020.
The total amount paid to the couple was $84,984.90
The documents claim Mrs Turner received no benefit from the payments and that Debbie Turner knew that Mrs Turner was unaware of what was happening.
Lawyers for Mrs Turner allege Maxwell Turner was fully aware of what his wife was doing because they had received the money into their accounts and took no action to repay it.
The couple has refused demands to repay the money or provide a declaration that it is held in trust.
Separate action against Debbie Turner last year resulted in the judge ordering more than $400,000 be repaid after misuse of funds from three accounts.
The ABC has attempted to confirm if that repayment has been made.
The current legal action is against Mrs Turner's son and relates only to the cheque account.
Elderly financial abuse a concern
Ian Henschke from National Seniors Australia says up to 14 per cent of older Australians experience some form of abuse, with psychological abuse and neglect most common.
About two percent of reported elder abuse is financial.
He said 85 per cent of financial abuse was committed by family members, with children accounting for more than 50 per cent.
A national campaign has been launched to combat instances of elder abuse, with a support line available to provide confidential support.
Anyone in Queensland needing advice can contact the Helpline on 1300 651 192; for those outside the state, phone 07 3867 2525.
