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Property fraud in Guyana
Dear Editor,
The case involving Chandrawattie “Daata” Mahabir, as reported in the media of recently, illustrates the serious risks posed by the misuse of irrevocable Powers of Attorney (POAs) and questionable agreements of sale. If the allegations are proven, this would represent another example of elder financial abuse in Guyana — a matter that demands urgent national attention.
Across Guyana, rising land values have heightened the temptation for exploitation. Common tactics reportedly include:
- Misleading elders about the true nature of legal documents
- Obtaining signatures on blank or partially completed pages
- Securing sweeping or “irrevocable” Powers of Attorney
- Fabricating debts to justify property transfers
- Exploiting illness or hospitalisation to pressure elders into signing or affixing thumbprints
The Attorney General Mr. Anil Nandalal must step in and stop this theft of property. An irrevocable POA, if improperly obtained, can effectively place control of all movable and immovable property into another person’s hands. Such powerful legal instruments should be subject to stricter safeguards.
Consideration should be given to requiring mandatory, independent legal advice (possible state-facilitated for all pensioners) before any irrevocable POA affecting a pensioner’s property can be registered.
Stronger legislative protections are needed to ensure that elderly citizens are not divested of lifelong assets without clear, informed, and voluntary consent.
In the meantime, pensioners and their families should consider the following precautions while we wait on Mr. Nandalal since it might take years for him to wake up:
- Never Sign Without Independent Legal Advice
- Seek truly independent advice from a lawyer of your own choosing.
- Do not rely solely on a lawyer introduced by the party requesting the signature.
- Insist that every document be read aloud and explained in plain language to you.
- Exercise Extreme Caution with Powers of Attorney
- If a POA is necessary, limit it carefully.
- Specify precisely which property it covers.
- Set a clear and reasonable expiration date and not longer than one year.
- Include express provisions for revocation that give the pensioner ultimate control.
- Retain certified copies of all signed documents.
- Protect Signatures and Thumbprints
- Never sign blank pages.
- Do not permit unnecessary photographing or copying of identification documents and signatures.
- If hospitalised, request that a neutral witness, like the nurse or the doctor be present at all times and that all documents be clearly explained to all the witnesses before signing.
- Maintain Proper Estate Planning
- Ensure wills are professionally drafted and periodically updated.
- Store original documents securely.
- Inform at least one trusted such as a church elder outside of your circle of family, independent individual where the originals are kept.
- Report Suspicious Activity Immediately
- Notify the police.
- Inform the Deeds Registry, if you feel that your property is being stolen.
- Involve Neutral Third Parties
- Trusted community leaders, clergy, or independent witnesses can help oversee significant transactions.
Elderly land fraud is not a mere family disagreement; it is a serious criminal matter involving forgery, fraud, abuse of trust, and financial exploitation of vulnerable adults. As land values continue to rise in Guyana, such cases may increase unless public awareness improves, legal safeguards are strengthened, and authorities treat elder financial abuse with the urgency it deserves.
Professional bodies such as the Guyana Bar Association and the Association of Chartered Accountants in Guyana, also have a role to play. They are both slacking in their public education campaign. Greater public education initiatives — including accessible pamphlets, community outreach, and simplified guides to common legal instruments — would be a valuable contribution to safeguarding pensioners. Protecting the elderly from financial exploitation should be regarded not only as a legal responsibility, but as a moral one.
Once upon a time a lawyer called Jamela Ali did an excellent project called the Law and You that helped people. That project has to restart.
Sincerely,
Khemraj Harryram
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