Power of Attorney and conviction?

sleepymans

Someone I know is completely housebound and unable to speak, write or control their movement due to a progressive illness.


About 10 years ago her daughter completed the legal formalities which I believe was Power of Attorney, to act on her Mum's behalf in respect of financial matters and to make all decisions regarding care and household arrangements.


Mum has 24/7 carer in her own council rented home and is 100% reliant on benefits.


Since this arrangement was put into place, the daughter was convicted of benefit fraud and as far as I know had to pay back over claimed benefit in respect of herself and kids, when at the time she had undeclared capital assets. She was sentenced to wear a curfew tag for several months.


The offence was not involving any of the Mum's benefits which have been claimed correctly


Should that conviction have resulted in the Power of Attorney she held for her mother's care and finances being affected? i.e. Is someone with a subsequent fraud conviction allowed to remain POA?

rogerblack

My understanding is that yes, it's possible.
Someone else may make an application to the court of protection that she's misusing the money or abusing the person or ...
But simply the conviction does not automatically do that.

cattermole

You would need to contact the Court of Protection and say that you think they are not a suitable person to manage someone's affairs given the conviction if you did have concerns.

So unless there is a concern I can't see the point. It would then be for them to decide if there was mis-management or abuse of the money.

Being bankrupt for example is an automatic disqualification for being an Attorney.

Social services also have a safeguarding responsibility and financial abuse can be a safeguarding issue.

However if this grandmother has a 24/7 carer then it would appear she is being well looked after! As very few elderly people get that in their own homes.