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Serious help needed

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  • RAS
    RAS Posts: 35,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A bit strange as if someone has power of attorney they do not need a joint bank account because they can sign on the donor's behalf ( I always signed RAS even though mum was JS for instance). If there is no power of attorney, sometimes banks suggest that the person helping manage the old person's life is a second signatory, but that is different.

    Does the old lady realise that a joint bank account would give her friend the right to all her money, effectively? The effect of the power of attorney would depend on what it actually said. If it is unlimited, then the friend can do what she likes with the money.

    However, unless it is an Enduring Power of Attorney, when the old lady loses the ability to manage her own affairs, the power of attorney ceases to be legally effective. If it is an EPA, then the friend has to register the EPA with the Court of Protection when the old lady becomes incapable. There are very strict rules on what can be done with the money after that point.
    If you've have not made a mistake, you've made nothing
  • thanks to all of you for your help, will keep you posted on this.
    Will try crime stoppers tomorrow.
  • RAS
    RAS Posts: 35,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi again.

    It might be a good idea to let the son know about the power of attorney as he needs to challenge it if she is mentally incapable. At worst, he can ask the Court of Protection to demand all financial records and he can ask to be joint attorney if he has doubts about the friend.
    If you've have not made a mistake, you've made nothing
  • Homework
    Homework Posts: 349 Forumite
    I'm not sure if you are saying she is being cheated (behind her back) or if you are saying she is agreeing with it all as she is not understanding of what is going on.

    Can I ask why you think that there is a con going on? She lives alone with no family visiting and I would imagine this person will be doing some housework and providing companionship. There will be bills to pay and it is good that she is getting assistance.

    If you have some proof I would contact Social Services and it would back up the previous allegation.
  • sally29
    sally29 Posts: 48 Forumite
    hi,
    even if this person has power of attorney see still has no right to take money. has the old lady got capicity to make her own decisions. i would go or phone social service and tell them your concerns, they have to listen. they will investigate under the vunrable adults system.
  • Homework wrote: »
    I'm not sure if you are saying she is being cheated (behind her back) or if you are saying she is agreeing with it all as she is not understanding of what is going on.

    A bit of both really.
    Homework wrote: »
    Can I ask why you think that there is a con going on? She lives alone with no family visiting and I would imagine this person will be doing some housework and providing companionship. There will be bills to pay and it is good that she is getting assistance.

    The house is in a mess with some 10 cats around the house.
    Companionship and assistance is mostly provided by lodger - who will be in serious trouble when she dies and con woman takes it all, house included, saw will yesterday as solicitor wrote to confirm changes to the will she never made and does not understand.

    Homework wrote: »
    If you have some proof I would contact Social Services and it would back up the previous allegation.

    I have no proof, but social services came and went a few months ago.
  • RAS wrote: »
    Hi again.

    It might be a good idea to let the son know about the power of attorney as he needs to challenge it if she is mentally incapable. At worst, he can ask the Court of Protection to demand all financial records and he can ask to be joint attorney if he has doubts about the friend.

    I think but not sure con woman has power of attorney when old lady dies
  • I'd get in touch with Help the Aged aswell.

    http://www.helptheaged.org.uk/en-gb

    Sadly they probably have experience of this sort of thing but will be able to advise you better.
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    tom.senex wrote: »
    I think but not sure con woman has power of attorney when old lady dies

    The poa ceases at the date of death. Any will / exor takes over at that point.
    If you want to test the depth of the water .........don't use both feet !
  • RAS
    RAS Posts: 35,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think that Tom may be confusing power of attorney and executor?

    Tom - an executor is the person who is named on the will as being responsible for executing the will after the donors dies. This could be a family member, friend or solicitor.

    Power of attorney is given to someone known to the donor who looks after their affairs whilst they are still alive. Depending on what rights the donor has granted they might arrange to pay the bills from the donor's accounts, negoitiate deals with utility companies. Or they might have the right to arrange a care package or for the donor to move into a nursing home or to sell their house to pay for nursing home fees.

    Since you mention that you have seen the will, who are the executors on the will (there are usually two).
    If you've have not made a mistake, you've made nothing
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