Hi there

This is a bit complicated but I hope you can help. My mother became mentally incapacitated in 2017 although she did suffer from mental illness her whole life.

Unfortunately, my mother had – by devious means, appointed herself as executor in my fathers estate. He died about 8 years ago. His estate has never been finalised but she simply transferred funds and assets to herself and then wasted most of what there was.

After my mother was diagnosed with cerebral atrophy in October 2017, my sister (who has a medical background) took control of her medication and her assets. My mother soon became almost non compus mentus (mainly due to medication such as anti depressants and anti- psychotics) and in December 17 was admitted to a frail care unit. My sister continued to control my mothers assets and brought an application to be appointed as curator. I opposed the application (and succeeded) and an attorney nominated by her was eventually appointed. While I had reason to believe this was going to be problematic, I felt it best not to oppose the appointment of the particular attorney in the interests of a speedy appointment as I knew my sister was stealing money and other assets and that my mother would then soon be destitute. This notwithstanding, my sisters attorneys delayed the matter for another six months before they set it down.

My sister continued to transact of my mothers bank account and numerous payments were made either to herself or for her own benefit (such as restaurants etc).

My mother passed away under highly suspicious circumstances in July this year and I have not been able to get much information but I am told by one of her specialists that the medication would have played a main role in her death – very few practitioners prescribe the medication which was given to my mother by a doctor friend of my sister.

I have in the meantime got a number of bank statements and other records and it turns out that (and I can prove that) my sister made hundreds of withdrawals over the last 18 months, amounting to well over a million rand. When the cash ran out, she then ran up my mothers overdraft, credit card and revolving credit account.

She has also stolen furniture, and all my mothers other assets – even her clothes (!?) and hijacked a CC of which my mother was the sole member, despite a resolution which gave me 75% of the shares in the event that she became mentally incapacitated and a further 25% in the event of her death. She also entered into a new cell phone contract in my mothers name a few months after she had brought the curatorship application, in which she herself said that my mother was not capable of managing her own affairs (and my mother had three phones already, two of which were taken by my sister, leaving my mother with a simple feature prepaid phone).

I am preparing documents to lay criminal charges and – while my story is complicated, my question is relatively simple.

Are the charges to be laid as follows :

1. Fraud in respect of every withdrawal made from my mothers account, even those for my mothers benefit such as the frail care fees?

2. Theft in respect of that part of the moneys paid over by my sister to herself and others for her benefit

3. Theft in respect of my mothers motor vehicle that she simply took when my mother was admitted to frail care?

4. Theft in respect of the furniture and other assets my sister simply removed and is using (such as the time share which belonged to my father?

5. Culpable Homicide in respect of the death of my mother

6. Any other charges you think may be appropriate?

Or would you suggest a different course of action?

Many thanks!!