Fraudulent Power of Attorney

[Deleted User]

Manxman_in_exile: Thank you for that, I will follow your link and do exactly that. The last ten months of my life have been spent complaining so I won't be stopping now. I don't say the bank did wrong by accepting the POA as legit but I think they were totally wrong in accepting the word of the attorney that my mother had dementia even when I had supplied them with a Birmingham Adult Social Care Mental Capacity Assessment saying mom did not have dementia. The bank should have thought something untoward was going on with the attorney instead they changed all mom's bank details in the attorneys: name, address and telephone number that's why we didn't know about the money going missing straight away as my mother was not getting her postal bank statements - they were going to the attorney.

[Deleted User]

DaveL98: Thanx for that I will do that

[Deleted User]

Keep_pedalling: With respect, you don't need to be old and frail to have this done to you if the perpetrator has enough information on you and is cunning and ruthless enough to do this. Also, any previous will, even if it's been done through and kept with a solicitor, can be made null and void if another is made and witnessed. I hold my mother's will but this attorney could had easily made another

Sea_Shell

Sadly, Sue, as you've found, the whole system is open to abuse by those inclined to commit fraud.

naedanger

[Deleted User] said:

Keep_pedalling: With respect, you don't need to be old and frail to have this done to you if the perpetrator has enough information on you and is cunning and ruthless enough to do this. Also, any previous will, even if it's been done through and kept with a solicitor, can be made null and void if another is made and witnessed. I hold my mother's will but this attorney could had easily made another

I am fairly sure an attorney cannot write a will for the donor.

I think the problem with being old and frail is that they cannot fight for justice. If someone submitted a POA to gain control of my affairs, and had witnesses say I was incapable of signing for myself, then I am fairly sure they would come unstuck because my testimony (along with plenty of supporting evidence I could provide) would prove beyond reasonable doubt that they had been lying. In addition I would be able to pursue a civil remedy.

(Obviously I don't have details on your mother's case. It may be the case the police aren't doing enough. If they haven't interviewed the key people - i.e. your mother, the attorney, and possibly the witnesses - then it sounds like they haven't. But in some cases unfortunately things are hard to prove beyond reasonable doubt, especially if the victim is unable to testify in person.)

PS I had old and frail parents and would be very angry if they suffered what your mother suffered. So I do sympathise. 

doodling

A couple of points come to mind:

1. If you believe that beneficiaries of your mum's will have been complicit (you have suggested her daughter, your sister and her daughter, these could be beneficiaries?) then the easiest way to resolve the financial issue is for your mum to rewrite her will to account for the missing money (assuming that she doesn't need to money to live).  This doesn't resolve the apparently illegal and immoral actions of those involved but does deal with the money in the longer term.  Your mum may also wish to consider whether her daughter should be an executor if she is currently named as one.
2. An attorney can't change a will.  You do need to make sure that the current will is secure to avoid its loss and a fall back to the intestacy laws however.  An attorney can act on behalf on executor (if they are an attorney for that executor).

Sea_Shell

But there is nothing (other than the risk of being rumbled) stopping anyone making a fraudulent will, if the two witnesses to the signature of the "testator" are either in on it, or don't know the "testator" personally.

AIUI, there is no requirement for a witness to a will to personally know that the person signing IS the person named!!!

It would be up to the executor of the original will to dispute the replacement as being valid.

[Deleted User]

I have to laugh because if this was a movie you were all watching you would switch off because of it's implausibility! I've just found out that my niece tried to get into my telephone banking on Saturday giving my name, address and date of birth but because she phoned on a different number to my registered number the bank (thankfully) didn't allow her to get further but the bank erring on the side of caution froze all of my accounts and now I have to have new bank cards issued!

Alphatauri

OP, I am shocked but not surprised at your nieces behaviour. Unfortunately, as I’ve found out money and inheritance can make even close relatives to behave in an unscrupulous manner. 

I joined the forum as some of the things you have said about taking the post raised the potential for other fraudulent acts. Does your Mother own her own home? If she does, then may I suggest you take the following steps:
1. Get a copy of the register for your Mother’s home and check the registered owner has not been changed and that there are no new charges. This costs £3
2. Update the register to add further contact addresses, you can have 3, make one your email address.  I think this is a free service. By adding your email address HMLR will notify you of any applications to change the registered owners.
3. Sign up for HMLRs property alert service. Again it’s free and you get notification of any action relating to your mother’s property. 

I would have included links but as a new poster I can’t. Make sure you search for Landregistry.gov.uk and don’t get taken in by sites that add on Hugh handling fees. 

Alphatauri

That should be huge not Hugh.