Financial Abuse, is it?

Delree

Hi there, I'm writing this not about myself but a colleague at work, not that it matters.

Basically her elderly mother is in full time care and not in command of her faculties (onset of dementia) and her brother continues to live in the house he shared with mother. For a long time mother subsidised his lifestyle without fully knowing the extent but now she's in care it's gotten much much worse.

First of all, all the bills (including council tax) are still paid for by Mother despite my colleague's attempts to change this.

He (the brother of my colleague) is an excellent manipulator and has turned Mother and other family against my colleague and this is causing upset.

Worst of all though, brother has onbtained power of attorney and is now intent on selling the house and buying a flat. The will states this house or proceeds to be split 50/50 but if the house is sold while Mother is alive and funds go to her account which brother controls then this neatly sidestepped.

How does my colleague:

a) prevent getting rinsed out of her rightful inheritance?
b) prevent brother from waxing all the money that should be going towards mother's care?

I find this to be a very sad situation and I want to help so immediately thought of here.
If I've left any important info out please shout and I'll fill you in.

Thanks in advance

jackieblack

My initial thoughts
1. There are at least two sides to every story. (Mother may have been happy to subsidise brother's lifestyle in return for care/companionship.)
2. There is no such thing as a 'rightful inheritance' but often there are expectations that may or may not pan out.
3. If brother has POA, he has responsibility for mothers finances.
Maybe proceeds from house sale are required to fund cost of keeping mother in care home?

Delree

Hi there, thanks for replying.

1. Mother was happy to fund his lifestyle but the suspicision is that she either didn't know the extent or turned a blind eye. Her account was littered with £200 withdrawls that she couldn't have done.

2. I know what you mean but I guess I should say not be fleeced out of her fair share of any inheritance.

3. Well the funds might well go towards the care but not before brother has bought a flat for him to live in which he has already stated he is going to do. Surely that flat will be counted to her care though so he won't have it all his own way there?

Errata

The daughter can speak to Action on Elder Abuse for info, advice and guidance.

BitterAndTwisted

Has your friend considered looking into the court of protection/public guardianship if she believes he's not acting in his mother's best interests?

azzabazza

My sister and I have POA for my mother who is in a care home (because of dementia). We have just sold her home and all money has been placed in her accounts. When my mother went into the care home her financial situation was assessed and the fact she owned her house was taken into account when setting the weekly amount we are being charged for her care. We were told that should my mother's capital run out then the approximate value of her house would then be applied. The monies to be repaid once the property was sold.

We were told that if we could not show reasonable accounting on behalf of my mother, or that it was seen that there was irregular amounts leaving her bank accounts, that we could be taken to task by the Office of the Public Guardian (Scotland).

I think your colleague needs to seek some proper guidance regarding the rules of POA. We were lucky in that my mother's solicitor kept us right regarding the legalities.

jackieblack

Delree wrote: »

Hi there, thanks for replying.

1. Mother was happy to fund his lifestyle but the suspicision is that she either didn't know the extent or turned a blind eye. Her account was littered with £200 withdrawls that she couldn't have done.

Key word there is suspicion.

Delree wrote: »

2. I know what you mean but I guess I should say not be fleeced out of her fair share of any inheritance.

The money remains the mothers until her death. Any expenses she is responsible for must continue to be paid. Clearly care home fees were not thought about when the will was written. Circumstances change.

Delree wrote: »

3. Well the funds might well go towards the care but not before brother has bought a flat for him to live in which he has already stated he is going to do. Surely that flat will be counted to her care though so he won't have it all his own way
there

Indeed. There must be a legal professional involved in the sale/purchase. It may be that the flat will be purchased in the mother's name and then your friend may end up with half the proceeds of that.

RAS

If the brother has a proper POA (enduring or lasting and registered with the Public Guardians Office), then he has to behave in a way that only benefits the mother.

He has to account for every penny if challenged

See here http://www.justice.gov.uk/about/opg

BitterAndTwisted

Suspected abuse of an adult at risk:


http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/if-you-suspect-abuse

karren

look into protection of vunerable adults act as this is financial abouse and if she hasnt got capacity hes on very dodgy ground

Gingernutty

RAS wrote: »

If the brother has a proper POA (enduring or lasting and registered with the Public Guardians Office), then he has to behave in a way that only benefits the mother.

He has to account for every penny if challenged

See here http://www.justice.gov.uk/about/opg

The accounts are retrospective. Grabbing the money while you can and presenting the results to the PGO as a fait accompli is fairly common. They are so short staffed, people can get away with bloody murder.