stolen money help!!

carol53_2

Thanks Errata!!! thats exactly it!!
it must have been anne who declared wrong amount as nana was in no fit state...
lets hope she goes to prison,
il be sure to let you know when mam and dad have spoken to SS again

victory

izzy65 wrote: »

Hi carol sounds like DLA was still been claimed when it shouldn't of been, so social services would not of known about this money the question then would be who's going to pay it back, Nana has gone so they(dwp) turn to the family as a whole to recoup the overpayment, be careful how much you stir up here:(

So who would be responsible for cancelling it? The poa?

Sommer43

victory wrote: »

So who would be responsible for cancelling it? The poa?

The POA is no longer effective once the donor has died.

So, the office of public guardian, should have been informed of the donor's death and whatever is left in the estate should go as per the will, or to probate, whichever is the case.

izzy65

victory wrote: »

So who would be responsible for cancelling it? The poa?

Would depend on who didn't declare it in the first place, as I understand it poa has only been in place for the last six months, so five and a half years before that someone has signed a document that was not truthful.

victory

5 and a half years is an awful long time of claiming what one is not entitled to there is going to be a big fall out from this

swingaloo

Im confused or Im missing something here.

How long had your nan had the dementia? I ask because from what I remember of my dads situation you cannot get POA if the person is not capable of making the decision and you have to go for Court of Protection. So had your nan only had the dementia in the last 6 months.?

something is very wrong here anyway, with my dad my sister had to go for Court of Protection in order to be able to pay the care fees etc. There was no way money could be used for anything else, she had to provide proof and receipts for every penny spent on dad. The social services were also very thorough with seeing his bank accounts etc. I don't understand how your aunt could get POA in the first place.

izzy65

victory wrote: »

5 and a half years is an awful long time of claiming what one is not entitled to there is going to be a big fall out from this

Yes which is why I would be very careful incase it comes back to the whole family

Errata

carol53 wrote: »

Thanks Errata!!! thats exactly it!!
it must have been anne who declared wrong amount as nana was in no fit state...
lets hope she goes to prison,
il be sure to let you know when mam and dad have spoken to SS again

You parents might need to give some thought about what they tell SS about accepting money from Anne to start to cover the amount she appears to have defrauded Social Services.

katsclaws

POA can be taken out years before they are registered. They are only put into effect when registered which is usually when the person has lost capacity to make decisions.
We are thinking of getting LPA s( Lasting Power of Attorney) done this year even though we hope they will never have to be registered/used.
The Court of Protection is used if it is too late for a Power of Attorney (ie the person has already lost capacity so is unable to agree to LPA)

cavework

Sorry this doesn't sound right.
If your gran was being subsidised by adult social services at the end of each month your Aunt would have received a bill for the balance from the home or adult social services, This would be made up from all her state benefits private pension etc minus pocket money of (not sure ) but about £22 a week.
There should not have been any further funds left in her in her account apart from the £22,000 ish which is an allowed assett . If your Aunt had failed to pay the invoice Adult social services would have been on the case within a couple of months!
If your grandmother had other assetts that were not declared then the person responsible for the POA has committed fraud if she was aware of these.
the cost of care in any home starts at about £350 a week. What was the full fee per week at the home your gran was in?