stolen money help!!

cte1111

For the period where your relative had POA, you could report them for abuse of the POA. Here's some details about how to go about this:

http://www.lpauk.com/your-lpa-questions/abuse-lpa-epa/

Oli.s

The power of attourney documents I have previously seen specifically probit the person who holds it from using any of the money for their own benefit. Have you checked the document?

If it includes this caveat the police will be interested in the case as it is regarded as theft.

Sommer43

carol53 wrote: »

so how do we go about a civil case then? do you know of any charitys that can help?

Hi Carol,

It must be awful for you. She's admitted taking the money, yet? The family put it to her, that she must repay the other members of the family on a montly basis? She has now defaulted on this arrangement?

So, you're trying to recover £31K? Am I correct? That she has blown and has no proof of where she has spent this money?

There are four members left in the family who she agreed to pay on a monthly basis?

POA has to be a position of trust. There has to be signatures from two other people who are aware of the application.

There is a criminal element to POA and breaching of trust. Therefore, the remaining attorney, your other aunt, has a right to gather all of the statements from the accounts concerned. You really do need the advice of a solicitor who specialises in these matters. It is very intricate and the fact the police have not shown much interest is a bit poor on the police's behalf, they would much rather you follow this through as a civil matter.

I shall see what I can find for you, but you can speak to a lawyer and even if you pay a fee, will it not be worth it?

For county court, as in civil recovery, then you can contact your local county court and seek advice there.

Sommer43

Oli.s wrote: »

The power of attourney documents I have previously seen specifically probit the person who holds it from using any of the money for their own benefit. Have you checked the document?

If it includes this caveat the police will be interested in the case as it is regarded as theft.

I am just looking at mine for my mother. It states clearly, that all her paperwork has to be available at any time for inspection by the OPG, or any other authority.

Carol? You could also have a conversation with the Financial Services Ombudsman, it is worth a call. As your Nana has passed, then the POA is no longer effective. However, as the breaches were made when it was effective, then there is still a case to be heard and her daughter must be made to pay this money back. She must also face the consequences of her actions. I think the family have been more than fair thus far and she seems oblivious to this.

katsclaws

I would have thought that the £300 per week should have gone to the care home in fees as £19000 for 3.5 years is only £100 per week. I would think that the absolute minimum for a care home is £500 per week so how come that your nana was only paying £100 per week towards her care. It sounds as if your aunt may have kept this amount secret. If you have POA you have to disclose all income and savings. If it is found that your nana should have paid this in fees the Office of the Public Guardian will reclaim this amount.

Oli.s

http://www.trustees.org.uk/review-index/Powers-of-attorney-The-misuse-of-enduring-powers-of-attorney.php

This will be a useful read for you.

carol53_2

awww thanks sommer... yes shes admitted it !!! she promised to pay money back to all of us and is now not even doing that!!! would it help if we recorded a call where shes admitting it, were gonna goto orginal solicitor to get all POA paper work and then compile the records from care home from hairdressing etc and the statement from social services, and then that leaves 31,ooo that she has to explaine. when confronted she said she didnt realise shes gone that far , but still fully admits it!! its absolutly disgusting, do you think when we get the paper work from all the mentioned we will sound more like a criminal case, the police are not helping at all, we live between two counties and both said the same. thanks so much x x x

Sommer43

Carol,

The best you can do is have a read through what Oil has linked for you. The second attorney? Where was she in all of this? Surely she must have bank statements in her name, for her mother? Gather all the information, you do not need to contact your Aunt now, it is for the family members, perhaps her children, to pull this together. Get everything out on the table and highlight the amounts withdrawn.

carol53_2

KATS CLAWS:well thats what we thought we thought that all the money should havbe been going to care home but when we rang social services who paid the care home fees they calculated it and its right?!?! and my mam rang DWP yoday as thats where the money came from , thinking we could get her done on using money that mas meant to goto care home and they said no its all right the ammounts?! which i did find hard to belive my husband only brings home £300 a week, yet my anan got that for living in a home?! could this still be wrong?! social services when i rang said they are chasing her for £149 which she is refusing to pay so i gave them all her new details so hopefully shel get into trouble for that! how do we get in touch with that guardian place? my mam was astonished when the DWP said she was entitled to it, and i cant belive social services sadi it was only £400 per month, we were really hopeful she may get done for benefit fraud at least! thanks for all you help guys x

carol53_2

no the second aunt is the one wanting to goto the police, and yes we have all the statments already with amounts in and withdrawn , it was taken to the penny every friday when it went in. the home are more than happy to give the petty cash records and social services will give us a statement when we get a solicitor to request it, as as people of said my aunt (the good one0 was POA but its useless now my nana has passed.