Fraudulent LPA and Banks Safeguarding responsibilities

KJAVW

A family member filled in a financial LPA form online for her Mum, printed it off and went to visit her mum in the dementia care home she was in.  She took a mate with her and she witnessed the  mums signature and confirmed the Mum had her mental capacity.  The thing is that she had been in the dementia care home for over two years as she had a bad fall, was hospitalised and the hospital said her dementia was too advanced to allow her to live on her own, she was declared as having lost her mental capacity and placed in a specialist dementia care home.  No-one but them knew about it.  Surely this should have been a court of protection order?


The Mum subsequently died and when we found out all her monies had gone, we went to the Office of the Public Guardians who ratified the Financial LPA and they say their Powers cease upon death and we have no recourse.  

We then went to the bank saying they should have spotted what was going on under their safeguarding responsibilities as her spending habits had swiftly and significantly changed,  They are saying we have to prove that her Mum didn't give family member permission to spend her money.  But no-one is claiming she did, including the perpetrator.  

Does anyone know what triggers a safeguarding marker with the bank? Apparently family member had not told the bank that her mum had dementia, that she was in a dementia home and that there was an LPA, as to do so would cut of the thiefs supply of money and we had no idea what was going on.   The elderly lady concerned was knocking on 90, was already getting enlarged statements due to visual issues and  several years ago we (me and her mum) visited the bank to tell them she was struggling.

itsthelittlethings

Wouldn’t this be a police matter?

HampshireH

Definitely a police matter. Theft is theft. Easier that the thief has admitted they had no consent.

Question:  was the thief (daughter/son of deceased) set to inherit the stolen money? Presumably there further siblings (perhaps yourself) who were also set to inherit and now wont? and/or a will expressing wishes.

Keep_pedalling

Two crimes have been committed fraud and theft, this is a police matter, but good luck in getting them to do anything.

Devongardener

While there is clearly fraud if the mother didn’t have the mental capacity to sign the LPA, the bank wouldn’t have to be informed of her circumstances when the LPA was presented to them.  

Once registered with the bank, the LPA gives permission for the persons named to pay or transfer funds as they see fit as long as it in the interest of the mother, and the bank don’t have to prove that it is.    

You need to take legal advice on how to proceed to recover any funds that were not used solely for the mother’s benefit.  However it could be costly and you’d need to consider whether the value of anything you might recover would be worth the legal fees.

KJAVW

Devongardener said:

While there is clearly fraud if the mother didn’t have the mental capacity to sign the LPA, the bank wouldn’t have to be informed of her circumstances when the LPA was presented to them.  

Once registered with the bank, the LPA gives permission for the persons named to pay or transfer funds as they see fit as long as it in the interest of the mother, and the bank don’t have to prove that it is.    

You need to take legal advice on how to proceed to recover any funds that were not used solely for the mother’s benefit.  However it could be costly and you’d need to consider whether the value of anything you might recover would be worth the legal fees.

The bank were not told about the Financial LPA, it was used solely to try sell the house. That in itself is suspicious as family member made life complicated for themselves to cover everyday legitimate transactions for the mum.

The LPA was put in place two years after the mum was placed in the care home and most of the money had already been taken.

When the family member took over looking after their mum, the bank account went from 12 transactions per month in the local vicinity with no online transactions to a very swift change with most transactions taking place online (the mum was IT illiterate and had visual difficulties) or cash withdrawals wete 80 miles away and bank statements had double triple transactions on them. Prior to being placed in dementia unit the mum was housebound with carers in place.

KJAVW

HampshireH said:

Definitely a police matter. Theft is theft. Easier that the thief has admitted they had no consent.

Question:  was the thief (daughter/son of deceased) set to inherit the stolen money? Presumably there further siblings (perhaps yourself) who were also set to inherit and now wont? and/or a will expressing wishes.

Family member was set to inherit a small percentage.I am not a sibling.

KJAVW

HampshireH said:

Definitely a police matter. Theft is theft. Easier that the thief has admitted they had no consent.

Question:  was the thief (daughter/son of deceased) set to inherit the stolen money? Presumably there further siblings (perhaps yourself) who were also set to inherit and now wont? and/or a will expressing wishes.

Sadly like me you have faith in our under resourced Police and whilst the will is there, the CPS do not always believe it is in the states best interest.  However I have a back up plan and once the probate and police have been ticked off the list, the big guns come in.  

lincroft1710

Are you a beneficiary of the estate?

tooldle

Hard to tell what has happened without additional detail. Was the lady a self funder? Funds from disposal of house were used for what exactly, and bank transaction were for what? The LPA should be able to evidence, if legitimately use of funds.

tooldle

Two threads, one for each parent. Unlucky.