Is someone breaking the law?

mc303m

elsien said:

Not what you asked, but this may help to understand how some decisions should be being made.
Mental Capacity Act - NHS (www.nhs.uk)

Thank you.

elsien

One more question, are you sure she's still on a section and not being kept in hospital as an informal patient? 

mc303m

I have discovered this week she was moved to a care home, she has completely lost it and is incapable of making any decisions, for example, she thinks she is married to a police inspector and helps them out on armed robberies in the town, has just had a baby (she's 84) and was invited to the garden party at the Queens jubilee but could not make it   so i believe she is in a care home

elsien

If she is in a care home then that is very unlikely to be on section so the Nearest Relative stuff no longer applies. Any concerns should be addressed to the local authority safeguarding team in the area where the care home is situated. 
If she's not likely to be going home then all the more important that she does have a deputy to manage her affairs for her as there may be property needed to be maintained or sold. 

74jax

mc303m said:

I have discovered this week she was moved to a care home, she has completely lost it and is incapable of making any decisions, for example, she thinks she is married to a police inspector and helps them out on armed robberies in the town, has just had a baby (she's 84) and was invited to the garden party at the Queens jubilee but could not make it   so i believe she is in a care home

I'm not if your Aunt is in a care home and you've been told, or you just believe she is?

If it's your mother's sister, is she in contact with your Aunt to understand the conversations she has been having? Was this in the care home? 

Your Aunts son seems to have taken control of things, is there any other children that you feel should be helping, but haven't had the opportunity?

If she is in a care home then full assessments will be made, medically and financially. Has your mum visited, do you know who the social worker is? 

elsien

It’s not the aunt’s son it’s the son of another relative but the OP hadn’t specified the nature of the relationship to their aunt. 

mc303m

Ok... the person in care is my mothers sister, my Aunt, the relative taking control is my sister, the person claiming deputyship is my sisters son, who also changed the V5 of my aunts vehicle and removed it from her home without consulting any other next of kin, my aunt is in a care home, and i have just found out the social workers number, i hope this clears it up a little sorry about the confusion

DE_612183

mc303m said:

Ok... the person in care is my mothers sister, my Aunt, the relative taking control is my sister, the person claiming deputyship is my sisters son, who also changed the V5 of my aunts vehicle and removed it from her home without consulting any other next of kin, my aunt is in a care home, and i have just found out the social workers number, i hope this clears it up a little sorry about the confusion

So the person taking control is your sister - so has the same relationship to the lady as yourself - in terms of "next of kinship?"

I presume that you and your sister are not on speaking terms?

Otherwise you would have talked to her about this - is it possible to have a conversation?

How far from the lady do you live and how far does your sister live?

Does the lady have any children herself?

mc303m

I would like to refer back to the original question which is, my aunts car as been taken from her home driven 650 miles away and the V5 has been changed, my aunt has no mental capacity to give permission, therefore is this legal or illegal

DE_612183

mc303m said:

I would like to refer back to the original question which is, my aunts car as been taken from her home driven 650 miles away and the V5 has been changed, my aunt has no mental capacity to give permission, therefore is this legal or illegal

It's not just as simple as that - if she has given permission then there is no problem.

If someone acting for her officially has given permission then there is also no problem.

You seem to want the answer that it is a problem without having or giving all the facts.

If you really think a crime has been committed then I would suggest you contact the Police.