Is it Fraud? Advice needed

Dee13

Hi, I’m looking for any information regarding the misuse of someone else’s bank account.
An elderly relative took ill and was put into a care home , she survived only 1 year.
In that one year her only living child has been using all her bank accounts to make withdrawals of the maximum amount allowed at times every 24 hours.
This was done before she died whilst dying in a care home and 2 days after her death onwards.
This Child of hers had no contact with her the whole time she was being cared for.
Sadly this person was executor of this persons will only because of his siblings death and has proceeded to be difficult and hiding information, solicitors have been used but rendered useless due to this person not complying and the costs for legal bills getting out of control.
We were advised to report this person for fraud which we have done. It’s taken over 1 year for the police to act on our report!
They are now saying as this relative is now deceased there’s no proof to say her child couldn’t use her accounts!!! Surely this can not be legal???
Any information would be appreciated.

eddddy

Dee13 wrote: »

They are now saying as this relative is now deceased there’s no proof to say her child couldn’t use her accounts!!! Surely this can not be legal???

1) It would be illegal for the child to spend their mother's money without their mother's consent. (It would be be theft.)

2) it wouldn't be illegal for the child to spend their mother's money with their mother's consent.

In order to prosecute for theft, the Police would have to prove beyond reasonable doubt that the mother had not given consent. Do you think there is enough evidence for that? (It sounds like the Police don't think there's enough evidence.)


However, if you've suffered a loss (e.g. a reduced inheritance), there may be scope for you to sue the child for damages. The level of proof is lower for that - you only have to prove it on the balance of probabilities.

Dee13

The money only started to be taken when she was in hospital ill , her child refused to speak with doctors and a new next of kin had to be appointed.
He had no contact with her at all and showed no concern, even changed the locks on her home and we needed the police to get in to retrieve her belongings.
I believe the fact that this money only started to disappear when she was ill and not in control of anything due to severe onset dementia , it’s more than enough proof to show this child took advantage of this fact and used it for their own personal gain.
There’s much more to this story than I’ve posted but there was major concern for her finances and social services, Solicitor’s and banks were all advised and not one were interested! We were told why would her own flesh and blood steal from her! The banks promised any unusual activity would result in her accounts being froze but they never were. Police advised it was a civil matter and solicitors well unless we had an endless pot of money no one wants to help.
We have fought for over a year trying to tell people what would happen and it has!
This lady would never have agreed to that child using her hard earned savings to be used that way!
He has admitted to stealing £5000 but said he had permission , he has no proof! We now know this runs much much deeper than £5000.
He had taken all beneficiaries money and profited himself this is without a doubt! He has refused to provide us with account statements and failed to show receipts and has made up amounts and written them on paper as a receipt himself.
It’s quite sad people get away with things like this.

tacpot12

It rather makes a mockery of the expensive Power of Attorney process, if one can just help oneself to your parent's money. I'm surprised that the Bank's were not alerted if the maximum amount of the account was being drawn out every day!

But there needs to be proof that fraud has occurred. If the police believe that insufficient evidence, then, it is even less likely that the Crown Prosecution Service would prosecute. You could consider complaining about the police investigation, but I don't think this will increase the chances of the perpetrator being investigate any further.

You could attempt a private prosecution, but legal fees are likely to be over £10,000. Suing for damages looks to be the best option, but it is more legal fees. If you can't control the legal fees at the moment, you need to really think whether it is worth it.

I agree it is very sad, but the elderly relative hasn't suffered, and anyone else has only lost out financially, so at the end of the day it's not the end of the world.

MallyGirl

Hi - I have moved this thread to a more appropriate section

TadleyBaggie

MallyGirl wrote: »

Hi - I have moved this thread to a more appropriate section

Not sure why you moved it to the Credit Card forum, Banking would seem more appropriate.

MallyGirl

TadleyBaggie wrote: »

Not sure why you moved it to the Credit Card forum, Banking would seem more appropriate.

It certainly wasn't about stoozing. I have relocated to Deaths and Probate

getmore4less

Was their an EPA/LPA in place if not then any POA would cease on loss of capacity.

While alive the office of the public guardian/court of protection have the legal duty to investigate.

Once dead the administrator becomes responsible for taking action.

Not a lot of good when the abuser is the administrator.

That leaves beneficiaries to take action.

Malthusian

tacpot12 wrote: »

It rather makes a mockery of the expensive Power of Attorney process, if one can just help oneself to your parent's money.

If the elderly relative had given power of attorney to someone else they could have stopped the withdrawals fairly easily. No power of attorney is mentioned by the OP which suggests the elderly relative chose to let the pieces fall where they will.

If the elderly relative's Will left all the money to their child, or if she died intestate and the money all went to her child, then no-one has suffered a loss as the child only stole money that they were going to get anyway.

If the elderly relative had run out of money to pay for her care due to the child's thieving, then she might have lost out, but she didn't so there's no point going into that.

If there is a Will and it goes to probate the OP will be able to check whether the child was the sole beneficiary.

Until that point it seems like a waste of the OP's mental energy to me.

He has admitted to stealing £5000 but said he had permission , he has no proof!

In other words he didn't admit to stealing anything. He doesn't need proof, you do.

I am not defending the guy here, I am trying to stop him stealing your life and mental energy on top of your relative's money.

nom_de_plume

Malthusian wrote: »

If there is a Will and it goes to probate the OP will be able to check whether the child was the sole beneficiary.

According to the opening post there was a Will and the alleged thief is the sole surviving executor.

Parkingfines

Your word against thiers