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Soon, two notaries will appear before the Kaunas District Court, confirming the disabled grandmother’s authorization to dispose of her granddaughter’s property. This case can be heard behind closed doors.
Didn’t you see the obvious?
The shocking circumstances of another case, which will soon be brought to court, in which notaries are accused of breach of their duties. One of them still works. Another is already retired. One is a man from Kaunas. Next – Kaunas County Notary.
So far, the police have skimped on the information, since they do not rule out the possibility that the case could be heard outside the closed room due to the health problems of a respectable grandmother who has been recognized as a victim in this case. More specifically, avoiding the disclosure of this personal data.
She was brought to the aforementioned notaries directly from a special purpose nursing home under medical supervision. There, she was placed with the grandmother’s granddaughter, who would appear in court along with these notaries.
However, in 2015, one of these notaries confirmed the power of this disabled grandmother to dispose of her granddaughter’s assets. And in 2016 the general mandate was also approved. Although, according to the record, visually this grandmother had to raise doubts with the notaries about whether she could manifest such a will.
However, the notaries who drew up these powers and certified them with their signatures and stamps did not intervene. Specifically, he closed his eyes to that grandson, who knew the whole truth about his grandmother’s health, but was hiding his behavior. And being legally responsible for preventing transactions from being concluded illegally, notaries have violated many articles of the Law on Notaries of the Republic of Lithuania.
Stopped in time?
The Kaunas law enforcement officers began to investigate the circumstances of the termination of these powers only in the spring of 2019, when the son of this grandfather approached them for help, requesting to stop the illegal actions with the savings and deposits of his mother and cancel the sale of her. property. The general power of attorney gave the grandson the right to all of the grandmother’s assets, not just bank accounts.
Along with the notaries, her granddaughter, who has taken advantage of her grandmother’s health, has already had a case with the police and is already sentenced.
Following the opening of a pre-trial investigation into possible fraud and forgery, this general power of attorney was found to have been illegally issued by a court. However, the grandson had already deducted almost 70,000 from the disabled grandmother’s accounts. euros.
The victim’s son, who went to the police for help, is not the father of the main suspect in this matter.
Along with the notaries, her granddaughter, who has taken advantage of her grandmother’s health, has already had a case with the police and is already sentenced. It is true, not for similar crimes, but for violent crimes.
Today, this Kaunas resident is accused of fraud, fraudulently acquiring high-value properties, which is punishable by imprisonment of up to eight years. And falsification of documents, for which a fine, arrest or prison of up to three years is foreseen.
And notaries, for breach of official duties, when this has caused significant damage. For this reason, the Penal Code threatens with a fine or arrest, or with imprisonment of up to two years. None of the accused admits their guilt. The grandson tends to show that he acted legally, with a power of attorney. These, in turn, ensure that they have fulfilled their functions correctly.
The old man, who has been recognized as a victim, is assigned a State attorney, who intends to bring an action against the accused before opening the case in court.
Shocking belt
This is not the first case to cast a shadow over the notary profession that has come to court in recent years.
The most famous of these was the shocking story of a former Kaunas District Court judge who had to sue his mother and widow after her death. After falling into a coma after the accident, he did not recover. And while he was fighting, a notary from Kaunas, also a former notary, confirmed the will: that the former judge in this capacity had expressed the will to leave all his property to his spouse.
This version of such a scam was necessary because the distressed spouse’s property was donated to him by his father. Thus, after the death of the former judge, most of this property had to be inherited by his mother.
The aforementioned case, in which the spouse of a former judge was charged with fraud and his accomplice a notary – for breach of official duties, was examined by the Raseiniai District Court, although the matter was shelved in Kaunas. The deceased’s former colleagues simply withdrew from the case so as not to be charged with bias, and Raseiniai’s colleagues acquitted the widow and the notary who had been forced to leave their work in court.
However, the acquittal was appealed to the Šiauliai Regional Court and recognized a widow with a former notary who had committed crimes against her. They, in turn, appealed to the Supreme Court, but the latter confirmed the judgment of the Šiauliai Regional Court of a widow and a fine from the former notary and the deprivation of the right to return to work.
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