Sibling claims she has power of attorney

BooJewels

It might not be registered yet then, they're taking over 20 weeks to register.  An Attorney can't act until they have access to the registered LPA.

biggysmaller

BooJewels said:

It might not be registered yet then, they're taking over 20 weeks to register.  An Attorney can't act until they have access to the registered LPA.

So if she's accessed funds is that unlawful 

BooJewels

I've been an active Attorney twice and on every single occasion I've done something official, I've had to produce the LPA document - either the original or a certified copy- along with my own ID and proof of address - and sometimes take it in person to a particular branch or office, that in once case, was 90 miles away.   That was only to access information, not even money, on a closed account.

An LPA allows you to do certain tasks for the Donor, but it certainly doesn't make it easy.  So, other than handling cash, I don't see how she could 'access funds' without the document.  The Attorney has to act in the best interest of the Donor at all times.

This is a link to a pdf of the the Code of Practice under the Mental Capacity Act 2005 to which the Attorney must conduct themselves.  See Chapter 7 from page 114.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921428/Mental-capacity-act-code-of-practice.pdf

user1977

biggysmaller said:

BooJewels said:

It might not be registered yet then, they're taking over 20 weeks to register.  An Attorney can't act until they have access to the registered LPA.

So if she's accessed funds is that unlawful 

Has she accessed funds? If so, where?

If she hasn't actually done anything (other than tell you she's an attorney) I can't see what's unlawful.

Marcon

biggysmaller said:

BooJewels said:

It might not be registered yet then, they're taking over 20 weeks to register.  An Attorney can't act until they have access to the registered LPA.

So if she's accessed funds is that unlawful 

You're drip feeding information and it isn't easy to help when someone does that. What has she actually done on the basis of claiming to have POA that she could not have done without POA?

macman

POA over who? A parent. Has the parent now lost capacity?
It's not unlawful to access funds if given permission by the parent, if they still have capacity.

bobster2

There is a circumstance in which someone could use a POA document that is not registered.

With the old Enduring Power of Attorney (EPA) system (written pre-2007) a donor completed the EPA documents and then these are stored (not registered with the OPG) until the donor starts to lose mental capacity.

However, say the donor has not lost mental capacity but just wants help managing their finances (e.g. perhaps physical disability makes it hard to get to the bank) the unregistered EPA can be used to allow the attorney to access/manage the donor's bank accounts.

Someone using an EPA like this could quite legitimately say "I have POA" but this will not be registered with the OPG.

SevenOfNine

Marcon said:

biggysmaller said:

BooJewels said:

It might not be registered yet then, they're taking over 20 weeks to register.  An Attorney can't act until they have access to the registered LPA.

So if she's accessed funds is that unlawful 

You're drip feeding information and it isn't easy to help when someone does that. What has she actually done on the basis of claiming to have POA that she could not have done without POA?

In another thread OP has said they have a mum with dementia in a care home, so if it's not 'money' related they could ask the care home. Maybe sister is making decisions OP doesn't agree with?

SusieT

It could be that the POA has been applied for but not yet granted (in which case it may be possible to object if you had a very good reason), and that the office of public guardian had authorised a one off payment to the care home or for another specified bill. Agree more information is needed

Brie

maybe she's accessing fund that she is allowed to access.  a joint account or has third party authority.

and if she's accessing funds in order to pay for care costs is that a bad thing?  

But if she's clearing out an account of mom's for her own gain and without an actual POA in place then it's theft and should be reported.  If there's any doubt I'd be ringing the bank and ask to talk to their fraud department.