Mum has had all her ID taken

structuralengineer

My elderly parent moved to a care home, and while there, a family member took all her ID, all her bank statements, all her bills, passport etc. Now Mum wants to sell her flat but cannot because of lack of ID. Police refuse to get involved because the person is her LPA Finance, even though it is against my Mum's will and she has asked for her stuff back. Are there ways to get ID for my Mum?

user1977

She'll receive new bills, she can ask her bank for copies of previous statements, she can declare her passport lost/stolen and apply for a replacement, etc.

The_Unready

Are you in contact with the person who took the ID? If so, have you asked for it back? What did they say?

silvercar

If mum has given this person LPA finance, it means she wanted them to be able to take control of her finances. Of course, they should be acting on her instruction if she has capacity, or in her best interests if she doesn’t.

If she no longer wants them to have LPA, she needs to contact the OPG and inform them that she is withdrawing their LPA finance.

It’s odd and unnecessary for them to take her ID. Having LPA finance means that that, together with their own ID should be sufficient for them to act.

silvercar

It being against her will is an irrelevant comment while she is alive. While alive the LPA is what is relevant and it seems that she gave them this authority and is no unsure they are acting under her instructions.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82139471#Comment_82139471

I think the post meant "against their will" in the current tense - "against their current wishes". Not contrary to their Will (capitalised) which is irrelevant during life.

Section62

https://forums.moneysavingexpert.com/discussion/6683617/mum-has-had-all-her-id-taken

If the person has taken all your mum's documents and is not returning them when requested then there is a more fundamental issue here than getting your mum replacement ID documents.

Either the person shouldn't have her LPA because clearly they aren't acting in accordance with her wishes, or else the person might belive your mum no longer has capacity, in which case you assisting your mum to sell the house could be problematic.

The first step should be to clarify why the person hasn't returned the documents, then confirm your mum's current level of capacity, and then a reflection whether her arrangements for LPA remain the correct ones.

structuralengineer

There are multiple letters and documens that show he exercised his LPA powers while she had capacity and against her will. For example setting up a new bank account in her name, without her knowing. Canceling her bank card and getting new ones sent to him, and then not sending them on to her. But as she is in the early stages of dementia, she is unable to comprehend that her son would be doing this, and she is also not able to comprehend that someone else has access to her bank accounts.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82139539#Comment_82139539

So the key question is whether she has capacity. With an LPA finance, he can exercise his LPA while she has capacity, but should only do so to follow her instructions/ with her agreement. The problem comes when he has had one conversation with her that she may struggle to recall accurately eg he tells her that he is setting up a new bank account and she doesn't object or doesn't fully understand. He may think her card has been compromised (possibly due to a scamming attempt) so cancels it and orders a new one. Early dementia means that her memory and udnerstanding may fluctuate.

Keep_pedalling

Presumably this person is a sibling of the OP and we only have half the story here. There are a couple of innocent reasons the attorney has removed this documents, the main on being security. If the resident gets at all confused then there is the risk they could be

It the attorney is actually blocking the house sale then you should be complaining to the OPG that the attorney is not acting in the best interests of your mother,

sheramber

her. But as she is in the early stages of dementia, she is unable to comprehend that her son would be doing this, and she is also not able to comprehend that someone else has access to her bank accounts

and there is your problem.