Madeline Shaw: Thieving granddaughter took £125,000 from her grandad while he lived in a care home

Madeline Shaw, 32, drained her grandfather John Mallaby's bank account after he was placed into a care home following injuries he suffered during a fall at his home in January 2019.

At the time of the fall, his daughter wanted him to move to Scotland to be nearer her, but Shaw objected.

Mr Mallaby was placed into a home in August, and on November 13, 2019, Shaw was granted a lasting power of attorney over his finances. Shaw was already looking after her grandfather’s finances informally prior to the arraignment.

In January 2020, the authorities blocked Shaw from accessing Mr Mallaby’s bank account because they were concerned about what she was doing. Then in November 2020 she was officially warned but the block was removed.

But over the following 12 months, she removed £125,000 from his bank account, including five transactions after he died on September 18, 2021.

Shaw, of Borrowby near Thirsk, cried as she was jailed for 18 months at York Crown Court after she pleaded guilty to fraud by abuse of position. She was sentenced on the basis that she had only benefited by £71,601.05 and faces an assets confiscation hearing in the spring.

Addressing Shaw during the sentencing, Recorder Patrick Palmer, said: “Effectively his account had been drained by you. You were taking his money and his basic needs in terms of toiletries and the like were not being met and you were not even paying his care home fees.”

Investigating officer, PC Emma Harris of North Yorkshire Police Economic Crime Unit, said: “Madeline Shaw betrayed the trust placed in her to act in her frail grandfather’s interests and ensure his money was used for his benefit.

“She has lied about what she did with his money but thankfully, when faced with the evidence has pleaded guilty. She is now facing the consequences.”

Shaw had also been warned about the way she was conducting herself under his permanent power of attorney before she started the fraud.

She was only found out after Mr Mallaby died, when his daughter, as his executor, discovered that his care home fees had not been paid despite him having two pensions and £125,000 in savings. She then called the police and an investigation was launched.

Zarreen Alam-Cheetham said Shaw had been the victim of fraud herself because she had invested £53,626.93 of the money she took from her grandfather’s account in a property development investment that turned out to be a scam.

Ms Alam-Cheetham said Shaw didn’t understand her responsibilities and duties when holding a power of attorney and the fraud had been committed out of “stupidity” rather than planning.

She had been very young to have such responsibility and had had jobs as a hairdresser and administrator for a horse owner. She had believed she was acting in her grandfather’s interests when investing the money and was remorseful for what she had done.

The money had not been spent on high living but on family expenses. Members of her family would suffer if she were jailed.