We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Invalid Enduring Power of Attorney

Hi,

My mother made and stored an EPoA with her solicitor in 2000. In 2005 her doctor certified that she was not able to manage her own affairs. (She had dementia). My brother, the named attorney, ordered the release of the EPoA, failed to register it with the Court of Protection (the only reason it was released to him was because of the doctor's certificate), yet registered it with the bank and used it to its full advantage - i.e. cashed in her investments and spent all of her money.

This matter is in the hands of the police.

I would like to know if banks are perfectly at liberty to assist such fraud by not checking the validity of such an important document, and what kind of punishment my brother may expect to receive for failure to register it with the court of protection.

Thanks

Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Jane, banks have a protocol they follow for POA. Of course they don't assist fraud, if they failed to ensure the POA was valid, then they have made a very big mistake indeed. I hope you talk this over with the police officer(s) that are involved, they will be able to guide you on the legal side of things.
    Given that your brother didn't register the POA and spent your mother's substantial assets without her knowledge, he may be looking at a prison sentence. He certanly deserves one.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • jane1960 wrote: »
    failed to register it with the Court of Protection (the only reason it was released to him was because of the doctor's certificate), yet registered it with the bank and used it to its full advantage - i.e. cashed in her investments and spent all of her money.

    This matter is in the hands of the police. ... what kind of punishment my brother may expect to receive for failure to register it with the court of protection.

    Just to say good luck with following this through. A few years ago, I had to act very quickly to prevent something like this being done by one of my siblings to my confused, elderly mother. It was very shocking. Otherwise normal, civilised people can behave appallingly when an opportunity presents itself to appropriate a parent's money.
    YouGov: £50 and £50 and £5 Amazon voucher received;
    PPI successfully reclaimed: £7,575.32 (Lloyds TSB plc); £3,803.52 (Egg card); £3,109.88 (Egg loans)
  • Hi Errata,

    THanks for your reply, I have been in touch with one of the banks concerned and they have confirmed that they were acting upon an EPA. They also told me that an EPA does not have to be registered with the Court of Protection for them to act upon it. However, this particular EPA was stored with a solicitor and only released when a medical declaration was made saying that my mother was not able to manage her own affairs, at which point, this previously unused EPA should have been registered with the Court of Protection, it was not, yet the banks accepted the document without question - my reference to "assist such fraud" was meant sarcastically because the information they have given me is that a general EPA is accepted as a valid document by them, regardless of whether or not the donor has lost capacity and the attorney is obliged to register it. If this is the case then it makes life easy for fraudsters. I am trying to find out if the bank acted correctly in this matter.

    Thanks
  • Hi Errata,

    THanks for your reply, I have been in touch with one of the banks concerned and they have confirmed that they were acting upon an EPA. They also told me that an EPA does not have to be registered with the Court of Protection for them to act upon it. However, this particular EPA was stored with a solicitor and only released when a medical declaration was made saying that my mother was not able to manage her own affairs, at which point, this previously unused EPA should have been registered with the Court of Protection, it was not, yet the banks accepted the document without question - my reference to "assist such fraud" was meant sarcastically because the information they have given me is that a general EPA is accepted as a valid document by them, regardless of whether or not the donor has lost capacity and the attorney is obliged to register it. If this is the case then it makes life easy for fraudsters. I am trying to find out if the bank acted correctly in this matter.

    Thanks
  • Hi Beaujolais,

    Thanks for your reply, yes it is truly shocking when it is your own family sinking to such depths. This has really turned my world upside down.
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    This is from the Office of the Public Guardian website
    What if I have an Enduring Power of Attorney?

    The Mental Capacity Act replaces Enduring Powers of Attorney (EPA) with a new and different type of power of attorney called a Lasting Power of Attorney (LPA). This means that you cannot make any changes to an existing EPA or make a new one.
    However if you have an unregistered EPA, it can still be used and your Attorney will still need to register it with the OPG if they have reason to believe you are, or are becoming, mentally incapable in the future.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Thanks Errata
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.