Legal Research: England & OECS ( organization of eastern caribbean states)
Please review the attachment:
(1) From the sample case, statutes, and/or general body of law, we would like to know what possible causes of action can be brought against a relative who siphons funds from a joint checking account. The monies held in the account were to be used for the care of an elderly person suffering from, among other things, dementia. We are particularly interested in identifying all actions that can be brought against the individual that (a) is named on the account; (b) does not use funds as initially directed; and (c) withdraws ~ 95% of funds held in the joint account.
(2) For each potential cause of action, please clearly identify the elements that must be proven in order to successfully bring the action. To the extent there is any burden shifting, we would like to know what must be pled in each instance. In short, we need to know how the Court would analyze the cause of action and under what standard.
(3) From the statement of facts, questions that need to be answered: Is there a cause of action to recoup monies from a joint account holder? Can a cause of action be presented for actual or constructive fraud? If so what needs to be plead? What is the law on joint savings or checking accounts? What rights do joint account holders have? Do the facts present a case for fraudulent inducement? What is the law under elder abuse if the money intended to be used for the elder's care is not used as directed?
* Please Note: The parties in the matter are residents of Grenada, West Indies and any research or analysis should take into account the appropriate governing jurisdiction.
Skills: analysis, research