Access to bank account legal?

nebari

Hi, sorry if this is the wrong forum (may well be), but I thought it looked the most apt.

My uncle has been in a severe accident (about 4 months ago) and has been in hospital ever since. It is unlikely he will come out, and is likely to have to go into a home to ensure 24x7 care.

He is also certified with Alzheimers and really doesn't know where he is. His partner requested leave from her work to visit the hospital every day.

Here is where it gets messy and I need some advice. I am certain (well I know) that she just walked out of her work (she was not well liked - tbh she is quite a nasty piece of work) as they did not grant her any leave, and it is my belief she is now living off of his money, or to be more precise his pension that is still being paid into his account.

He has been senile for quite some time, and I have always believed she used this to get him to change the will to cut my mum out (he is besotted with her and doesn't think he can live without her), and is the one who accesses his account. He wouldn't have given her permission for this.

That being said, my question is, assuming she is accessing his account (via card) and effectively spending his pension, is there any way I can ask the bank to cancel the card to stop her accessing the account - isn't it fraud? And even if there was, wouldn't the new details just go to his house, in which case she would just receive the new card and details and then it would be the same situation again.

There is a lot of backstory here, and she really is a piece of work. Only thought people like that existed in films. =(

agrinnall

You could attempt to make the bank aware of your concerns but I very much doubt if they would act on them when there is no concrete evidence of any wrong doing. You could also go to the police but you'd face the same issue. Your only real hope is for this to go to the Court of Protection in order to be awarded power of attorney, but I would expect the partner to dispute your claim, and might well win. I'm not really sure of your motive in this, your uncle was not required to leave your mum anything in his will and unless you can prove that he was coerced into changing it you've got no case.

alanq

Someone using someone else's bank card even with the account holder's permission is a breach of bank terms if not fraud.

I was recently given legal advice at a meeting for dementia patients and their families that if there exists a joint account and one of the account holders loses mental capacity the other account holder should not continue to use the joint account and the bank should be informed.

You say he wouldn't have given her permission to act on his behalf. Do you know that for a fact? Is it not possible that while he had mental capacity he gave her power of attorney? People with mental capacity have the right to make their own decisions even if others may regard them as unwise.

nebari

Thanks for the reply - you've kind of confirmed my thoughts.

I was just giving backstory to give some context.

My main concern is that she is spending / living off of his pension - I believe this is fraud?

alanq

agrinnall wrote: »

Your only real hope is for this to go to the Court of Protection in order to be awarded power of attorney, ...

A POA can only be created by a donor who has mental capacity. The Court Of Protection grants trusted people powers via something called a Deputyship.
https://www.gov.uk/become-deputy/overview

nebari

alanq - this was my understanding too.

I don't believe there is any power of attorney - I am checking into this at the moment, but I am pretty certain there isn't.

Who would I need to speak to, to voice my concerns - the bank? Would they listen to me?

alanq

Attorneys and Deputies are only permitted to spend funds for the benefit of the Donor not themselves (other than reasonable expenses incurred).

nebari

I am not sure whether he banks with Lloyds or Nationwide, although I am sure which branch is it would be for either.

Would it be best to go into each and request to speak to somebody?

If I understand correctly, if he does not have a joint account then it is a breach of terms if not fraud, and if it is a joint account the she should have notified them at the least.

nebari

Alanq - So even if she did have power of attorney (which I am 99% sure she doesn't) then giving up work completely and living off of his money would not be legal (bearing in mind she is not caring for him)?

alanq

That is my understanding. I am not a legal expert but I do have an LPA for my mother.

nebari wrote: »

Who would I need to speak to, to voice my concerns - the bank? Would they listen to me?

"If you want to discuss your concerns and get some advice, contact Action on Elder Abuse. Action on Elder Abuse helpline
Telephone: 0808 808 8141"
https://www.gov.uk/report-abuse-of-older-person

"Abuse" includes financial abuse
http://www.ageuk.org.uk/health-wellbeing/relationships-and-family/protecting-yourself/what-is-financial-abuse/

nebari

Many thanks alanq - very much appreciated