A 32-year-old woman named Madeline Shaw stole £125,000 from her elderly grandfather, leaving him without essential items like toiletries. The theft occurred after her grandfather, John Mallaby, was placed in a care home due to injuries from a fall at his residence in January 2019. Initially, there was a disagreement as Shaw opposed his move to Scotland to be closer to his daughter.
Shaw gained lasting power of attorney over her grandfather’s finances on November 13, 2019, after having informally managed his finances for some time. Authorities intervened in January 2020 when they suspected Shaw’s activities and blocked her access to Mr. Mallaby’s bank account. Despite being warned in November 2020, the block was lifted.
Over the next year, Shaw withdrew £125,000 from her grandfather’s account, even making transactions after his passing in September 2021. As a result, she was sentenced to 18 months in prison for fraud by abuse of position. During the sentencing, Recorder Patrick Palmer highlighted that Shaw had depleted her grandfather’s account, neglecting his basic needs and care home expenses.
PC Emma Harris from North Yorkshire Police Economic Crime Unit expressed that Shaw breached the trust placed in her to act in her grandfather’s best interests. Shaw had been cautioned about her behavior under the power of attorney prior to committing the fraud. The fraud was discovered posthumously when Mr. Mallaby’s daughter realized his care home fees were unpaid despite substantial savings and pensions.
Shaw’s defense attorney, Zarreen Alam-Cheetham, argued that Shaw fell victim to a scam herself, investing a portion of the stolen money in a fraudulent property development scheme. Alam-Cheetham attributed Shaw’s actions to naivety rather than deliberate planning, emphasizing her remorse and lack of understanding of the responsibilities associated with power of attorney. Shaw’s family members, who relied on the misused funds, would face hardship if she were incarcerated.
