Fraudulent Power of Attorney

SevenOfNine

When my husband went to Lloyds to register his dad's PoA, they INSISTED the old guy be brought in (even knowing he had dementia). So he was taken in, & fell asleep in the chair while the process was completed. Just seeing the OPG registered paperwork definitely wasn't enough for them.

In light of that I agree with Jude57, formal complaint to Lloyds & include supporting evidence of her recent Mental Capacity Assessment. Though the complaint may have to be from your mother as it's her account, & will reinforce her mental agility!

Did OPG investigate fully in accordance with this https://www.gov.uk/report-concern-about-attorney-deputy-guardian ?

Have Lloyds put a marker of some sort on mum's account to reflect the PoA is revoked & she's been the victim of fraud? I'd be sorting out both types of PoA with a responsible Attorney (or 2) as quickly as possible, with your mum able to sign. All pretty easy on line.

You've said "close relative", does your mum have a Will? If not I'd suggest you sort that out, quick swerve of problems on that front later if "close" might mean intestate inclusion by default.

[Deleted User]

Thank you all so much in answering. I'm afraid I don't know how to reply to you all separately! So here goes...
74jax: We simply cannot go down the Civil Fraud court action as it is only the 'victim' who can prosecute and our mum is to frail to go to court to testify against a family member and solicitors cost £300 per hour
Keep_pedalling: The certificate provider was a family friend of the attorney who has since been on the phone to me crying and apologising as she didn't realise what she was signing!
HampshireH: I promise you this is factual. The family relative (my niece, my mother's granddaughter) will not answer any correspondence or tell any of us where the money is or how it's been spent
Jude57: I lodged a formal complaint with Lloyds in writing registered post and it took them four months to reply. Basically they said that the attorney can do what they want with the donors money once the POA is registered with them. The Financial Ombudsman say the bank has done nothing wrong. I have just been in touch with my MP and am awaiting his response. I have lodged an 'Abuse of Trust' with Action Fraud (police) but they say there is 'no line of enquiry to pursue'. The OPG seemed to have missed the point altogether as when I complained to them they wrote back to me to say while my mother has mental capacity she can do what she wants with her money! 

[Deleted User]

We've not had a good time of it all since last July when my arthritic dad fell and broke his arm. He became bed bound in hospital, was taken to a permanent nursing home where he had another two falls. He banged his head against a radiator and was left lying on the floor for five hours waiting for paramedics. He never recovered and died of a brain bleed at Christmas. None of the family was allowed to see him since his July fall because of restrictions. So I've complained to the nursing home and the West Midlands Ambulance but all they have said is the usual...'lessons will be learned and new more stringent procedures have been put into place'. And now all this about money. As the eldest I'm dealing with everything. Sorry to moan (:o(

naedanger

[Deleted User] said:

Thank you all so much in answering. I'm afraid I don't know how to reply to you all separately! So here goes...
74jax: We simply cannot go down the Civil Fraud court action as it is only the 'victim' who can prosecute and our mum is to frail to go to court to testify against a family member and solicitors cost £300 per hour
Keep_pedalling: The certificate provider was a family friend of the attorney who has since been on the phone to me crying and apologising as she didn't realise what she was signing!
HampshireH: I promise you this is factual. The family relative (my niece, my mother's granddaughter) will not answer any correspondence or tell any of us where the money is or how it's been spent
Jude57: I lodged a formal complaint with Lloyds in writing registered post and it took them four months to reply. Basically they said that the attorney can do what they want with the donors money once the POA is registered with them. The Financial Ombudsman say the bank has done nothing wrong. I have just been in touch with my MP and am awaiting his response. I have lodged an 'Abuse of Trust' with Action Fraud (police) but they say there is 'no line of enquiry to pursue'. The OPG seemed to have missed the point altogether as when I complained to them they wrote back to me to say while my mother has mental capacity she can do what she wants with her money! 

My view is that you should concentrate your complaint on the police. Assuming you and your mother gave them enough information to raise a serious concern then the obvious line of inquiry was to interview the original attorney and if they did not give a good account then the certificate provider . However if the original attorney provided a plausible (even if improbable) explanation then unfortunately there just might not be enough evidence for criminal action.

74jax

[Deleted User] said:

We've not had a good time of it all since last July when my arthritic dad fell and broke his arm. He became bed bound in hospital, was taken to a permanent nursing home where he had another two falls. He banged his head against a radiator and was left lying on the floor for five hours waiting for paramedics. He never recovered and died of a brain bleed at Christmas. None of the family was allowed to see him since his July fall because of restrictions. So I've complained to the nursing home and the West Midlands Ambulance but all they have said is the usual...'lessons will be learned and new more stringent procedures have been put into place'. And now all this about money. As the eldest I'm dealing with everything. Sorry to moan (:o(

You are not moaning. You are in a horrid situation.
I can't help, but I've been there as the 'child who sorts everything'.  It's hard, it's tiring, it's emotional.
Vent all you want on here, it honestly does help to have people to 'talk' to about these things. 

Sea_Shell

Interesting and worrying that the certificate provider appears to not need to sign "continuation page 3".

Just two witnesses.

[Deleted User]

74jax: Thanx very much for your support (;o)
Sea_Shell: The attorney and two witnesses (one of which was the Certificate Provider) signed the Continuation Sheet 3

[Deleted User]

naedanger: Thanx - yes, I will pursue the police route as I have researched fraud (as I have become a fire-side 'expert' on all the areas I've mentioned!) and I think it is definitely Criminal fraud not Civil fraud so I will ask what else they need as hard evidence. By the way as far as I know they have not sought to speak to anyone in our family about any of this

Sea_Shell

[Deleted User] said:

74jax: Thanx very much for your support (;o)
Sea_Shell: The attorney and two witnesses (one of which was the Certificate Provider) signed the Continuation Sheet 3

Did they actually sign that sheet in the presence of the donor, or did they just think they were witnessing the attorneys signature?

[Deleted User]

Sea_Shell: One of the witnesses was the attorney's boyfriend so he knew exactly what he was doing but the other says she didn't know what she was signing. I just know that my mother nor any of the family new anything about the POA until we saw the withdrawals from her bank account. My mother did not see or sign the forms. The OPG do send a confirmation letter to both the attorney and the donor but at that time my mothers post was landing in her porch and as the attorney lives close by she was able to pick up mom's post. We have since bolted a locked post box to mom's wall and installed a camera door bell.