Power of Attorney question.

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  • Pennylane
    Pennylane Posts: 2,707 Forumite
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    Good luck with getting any sense out of the OPG.  A few months ago I received a brief email from someone there and there were approx 15 errors in about 6 lines of type.  I could not believe it and assumed it was a hoax. I got in touch with them and said as much and they confirmed it WAS genuine.  I just could not understand how any official department could allow anybody to send out stuff like that.  They assured me that they would speak to the person who sent the email and agreed with me that it was so bad that it looked like a hoax. 
  • ps2659
    ps2659 Posts: 530 Forumite
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    Update


    Since my last posting Mum is still ok in a care home there has been many issues just need advice on what I should do next, I list below some facts since my last post

    1- The 3 siblings transferred £9000.00 £3000.00 each from Mums bank into there own accounts 6 months after she was diagnosed with dementia in 2019 I have a copy of the consultants dated diagnosis


    2 - The 3 siblings have taken a further £6000.00 £2000.00 each by cheques from mums account 14 months after her diagnosis.


    3 - When Mum went into a care home the 3 sibling entered her property and removed everything it is my belief they had what they wanted and used a skip to get rid of items they chose to discard I have no idea what happened to any items they removed other than my belief they shared out the items and have them at their homes I was invited to Mums home when the 3 siblings were dealing with the clearance I refused to go due to the Covid restrictions.


    An investigation by the Court of Protection revoked my Lpoa for

    P&F and H&W due to the certificate provider who met my mum on a weekly basis and worked for my daughter was the reason, I did not object or complain as I never used my Lpoa, they also revoked the 3 siblings Lpoa for acting above there authority.


    Mum gifted me £5000.00 in 2017 to pay for her funeral I have transferred over the money to a solicitor in March 2023 who has been appointed deputy attorney and the solicitor has paid for Mums funeral


    I would be grateful for any help or advice as whether I should consult a solicitor or the police, The daughter of Mum was a carer for Mum and attended all doctors and consultant meetings, it is my opinion that all 3 siblings jointly obtained Lpoa fraudulently as they were aware of her diagnosis I also think that taking money out of Mums account 6 months and 14 months after knowing Mums diagnosis is theft and the cheques look nothing like Mums writing on them however, I would probably need a handwriting expert to prove that. I would just like any help and advice in what to do next police, solicitor or just move and forget it.


  • elsien
    elsien Posts: 32,676 Forumite
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    edited 21 December 2023 at 8:46PM
    A dementia diagnosis doesn’t automatically mean a lack of capacity. At what point it was, she formally assessed to lack capacity around her finances so that the LPA/deputyship kicked in? You are going to need more than a diagnosis to prove that Mum didn’t just give them the money as a gift. 


    When you say the OPG removed the power-of-attorney from the siblings for acting above their authority, what did they do and when that the OPG felt was outside of their remit?


    With regards to the personal belongings, they are long gone. You were invited to go and sort things out so it wasn’t done without your knowledge. Did Mum own the house or is it rented because with no one living in the property presumably it did need emptying to get rid of things that Mum didn’t want or didn’t have room for?

     My honest opinion is that this isn’t going to go anywhere. I’ve seen the police refused to act when the person was clearly defrauded after they lost capacity so in the circumstances where it’s so unclear I really wouldn’t be holding your breath.
    Your mum is safe. She has a paid deputy looking out for her so no more money can go missing. I would suggest making the most of the time that you have left with her rather  get stressed out and spending more money fighting something that’s less than clear-cut.
     It’s the difference between strongly believing something and being able to prove it.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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