abuse of lasting power of attorney

joan_lancaster

I recently discovered that a cousin has been taking large sums of money (approx. £250,000) from hers and my aunt, who is elderly and lacks mental capacity. This has been taken in the name of making alterations to her mother's house (where she lives) in order to accommodate my aunt and care for her (she is currently in a nursing home). The house has been extensively renovated at a cost of approx. £200,000 (including a beautiful summer house to accommodate her own children, new kitchen and conservatory), obviously above and beyond what was required! A lasting power of attorney has been signed by both parties (strong evidence that the donor, my aunt, lacked mental capacity to do this). There is also evidence that my aunt was worried about this niece (prior to losing mental capacity).
I have contacted the police who have said this is a civil matter, and also informed the Office of Public Guardian, who claim this is not under their jurisdiction unless there is evidence of the financial abuse, after the date of registration of the power of attorney, which I cannot obtain. I have also contacted social services.
My aunt also has a property abroad which I believe the abuser is about to make plans to sell!
The nursing home have informed me that they are currently being funded by the local authority as my aunt has run out of money!
I have no idea which bank my aunt used and cannot find this information.
I do not know what to do next as everyone I ask advises to go to the Office of Public Guardian.

RAS

There are some prosecutions

http://www.dailymail.co.uk/news/article-1282339/Thieving-son-uses-power-attorney-cheat-ailing-mother-86-000.html

Try http://www.elderabuse.org.uk/

And once you have advise, speak to the local Council about the money you believe was available.

troubleinparadise

I am surprised at the seemingly disinterested response from the OPG.

From what I have heard (from someone with attorneyship), they will launch a pretty thorough investigation because an allegation of financial abuse has been made, without evidence.

Perhaps your evidence should be the story you have given a brief outline to here, in fuller more detailed written form. Or is that what you have already tried?

I believe that they keep the identity of the complainant secret.

Equally, if the Local Authority is now funding her, perhaps they should be contacted if you believe she has property they don't know about (unless of course it has already been transferred to someone else's ownership prior to her illness, and you are not aware of that).

getmore4less

joan_lancaster wrote: »

A lasting power of attorney has been signed by both parties (strong evidence that the donor, my aunt, lacked mental capacity to do this). .

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245566/LPA117_Property_financial_affairs_LPA.pdf


Who were the certificate providor(part and the witness for part A and C?

the person getting POA signs part C


It is not 100% clear to me how many are involved inthis.

joan_lancaster

Thanks for replies. I have outlined all the evidence I have put here and more to the OPG. The local authority are aware, they were contacted by the nursing home when funds ran out - although when I spoke to the social worker she seemed unaware of any misuse of funds or property belonging to my aunt (until I told her). I know it is still my aunt's property as my cousin is renting it out. Goodness knows where that money is going. The OPG just keep saying they can do nothing without evidence.
With regard to the signing of the power of attorney the only information I have is that my aunt and my cousin signed it (a solicitor apparently not needed) in the presence of a 'professional'. I am trying to find out who that was under the freedom of information act. It seems that mental capacity is variable, but I have very strong evidence from other family members that there is no way my aunt would have been lucid. However the nursing home manager says she's not sure whether my aunt lucid or not, and the social worker says she was on one occasion but not on another!

madbadrob

If your aunt as a house then that should be sold to pay her care costs as it forms part of her financial stability. What you have outlined to me does not constitute abuse however because these improvements could be argued are to benefit your aunt on her return from a nursing home and give her a decent quality of life. You have made no suggestion that your cousin is going to get this house upon the death of your aunt so it cant be said that she is doing this to improve the inheritance she will get to the detriment of everyone else.

The person with the LPA should be keeping detailed accounts which the OPG can demand to see.

I would in your position contact the CAB or a solicitor for advice and help in this matter

Rob

securityguy

" I am trying to find out who that was under the freedom of information act. "

The Freedom of Information Act has nothing whatever to do with anything involving named individuals.

joan_lancaster

I'm not sure how a brand new bathroom upstairs would benefit my aunt who cannot get up there. New windows? I dare say she probably wouldn't notice. A gorgeous summer house which she'll likely not step foot inside as it's not for her? And yes this cousin does stand to benefit, albeit along with 3 siblings, from improvements to her mother's house.
The only person who doesn't think that the sale of my aunt's property shouldn't pay for the nursing home is my cousin, who seems to believe she should have the money for herself, to fund the lifestyle she has become accustomed to !
Incidentally, it's interesting to note that all of these improvements have taken precedent over arrangements to get my aunt out of the nursing home (when just a fraction of the work done would have sufficed), even though medically she is perfectly stable.
I believe it is financial abuse.
CAB, solicitors, and any other organisation out there, refer you to the OPG.
The OPG advised that I should be able to access a copy of the statement that the witness would have signed when the power of attorney was set up. They said this was under the freedom of information act. (I have applied to do this but unfortunately just discovered OPG gave out incorrect email, so it's taking some time).

madbadrob

I have done some digging and reading what the OPG does etc suggests that they should have investigated your claims of abuse not told you there was nothing they could do.

Whether your aunt can get up the stairs or not is immaterial. They could argue that they intend to have a stairlift installed so as for her to get up the stairs. New windows were installed to cut down on energy loss and therefore saving my aunts estate is another argument. Conservatory was so the aunt could sit 'outside' and look at her garden without the fear of rain getting her or the wind giving her a cold.

Am not saying this is why it has been done but these are arguments that could be used to justify the expenditure.

The council on the death of your aunt are likely to make a claim for money owed for the care fees especially when they find out she had an asset. Out of interest if the cousin is the one who applied for the care fees to be paid it may pay you to look into that because if she hasnt informed them of the house as an asset this could constitute fraud and then would have her removed as LPA

Rob

joan_lancaster

Hi Rob. Yes I appreciate you are putting forward arguments.
However I am not sure that a stairlift would ever be necessary as a brand new bathroom has been built adjacent to the new bedroom which was for my aunt.
As far as the disclosure of the property goes, as far as I am aware it was the nursing home who applied for funding, presumably based on information given to them by my cousin that the funds had run out. The social worker seemed unaware of monies spent on the house or any property.
It seems the OPG now taking measures to speak to social services (hallelujah) but they state this is not an investigation.
As for the police, still waiting to hear. Not sure how they can state categorically that it's a civil matter when they do not know the details.

Horseygirl123

Reading the OPs first post it appears to me that the cousin is living with her mother in her mother's house so the £250,000 has actually been spent on renovating her mother's house which will be inherited (presumably) by the cousin upon her mother's death. Her aunt's home is abroad.

Surely this is fraud.