Dementia patients as victims

Wild thriller about real estate deals and expert opinions

The public prosecutor's office in Wels is investigating.(Bild: Markus Wenzel)

A lawyer, a notary and an expert have been targeted by the public prosecutor's office in Wels. The case concerns dubious real estate deals in which people suffering from dementia were the victims. Now there have been house searches and an arrest.

It sounds like a very perfidious plan that those involved (for whom the presumption of innocence applies) have concocted. "The accused are suspected of having induced a person suffering from dementia to sign a transfer agreement, two gift agreements in the event of death and a health care proxy in 2022, taking advantage of her poor mental state and inexperience," reads a statement from the public prosecutor's office in Wels on the spectacular case.

Property transferred to nephew
The woman is said to have transferred an agricultural property in Pasching to her nephew, although she had previously been involved in a legal dispute against this very nephew and the intended transfer for seven years. The damages are said to amount to up to five million euros.

Expert opinion drawn up
According to the suspicions of the public prosecutor's office, this was made possible by an expert's report, which certified the woman's legal capacity. The woman then signed the contracts with the lawyer and the notary notarized them.

"Seven months later, the lawyer again submitted a private expert opinion from the same expert in the adult protection proceedings. In contrast to the two previous expert opinions, this one now attested that the person concerned lacked the capacity to conduct business and make a will, stating that the precautionary case had arisen due to the precautionary power of attorney of the person concerned - which had been established in favor of the lawyer herself," said the public prosecutor's office in Wels.

Two further cases
The lawyer, the notary and the expert are now being investigated on suspicion of serious fraud. The latter has now even been arrested because he is suspected of having provided expert opinions for favors in two other similar cases. In Gmunden, he is said to have been involved in the sale of a former guesthouse on the eastern shore of Lake Traunsee to a real estate company at a knockdown price - 750,000 instead of an estimated 1.6 million euros. The purchase had to be reversed following a court ruling. Charges were recently brought against six people - including the lawyer and notary in question.

"On Friday, a decision will be made on whether to impose pre-trial detention," said Barbara Rumplmayr, spokesperson for the public prosecutor's office in Wels, to the "Krone" newspaper.