Power of Attorney or stealing ..help!!

[crt23]

Hi Everyone

 

I really need some advice! One of my relatives has power of attorney over my nannans accounts, the relative has the cheque book in her possession. After noticing one of my nans bank statements it has been noted that 2 large amounts of cash has been withdrawn from the account via cheques I am unsure what these are for. My nan is very old and not compus mentus (sp) . If I asked her I know she would not have a clue. My question is if you have POA can you write cheques for yourself and use them for your own gain e.g home improvements or can you only sign cheques when it is beneficial to my nan. I have read somewhere and correct me if I am wrong that even if my nan gave the relative permission to write herself a cheque for her own gain that this would still constitute stealing as cheques can only be written for things that my nan needs?? I really hope this makes sense.

Thanks

[Blondie73]

I would ask the relative in question what these cheques were for.Just letting them know you are on to them (if that maybe the case) may stop them from taking advantage in the future.

Failing that and no explanation is offered I would seek professional legal advice.

[Mr Gobby]

Hi Everyone

 

I really need some advice! One of my relatives has power of attorney over my nannans accounts, the relative has the cheque book in her possession. After noticing one of my nans bank statements it has been noted that 2 large amounts of cash has been withdrawn from the account via cheques I am unsure what these are for. My nan is very old and not compus mentus (sp) . If I asked her I know she would not have a clue. My question is if you have POA can you write cheques for yourself and use them for your own gain e.g home improvements or can you only sign cheques when it is beneficial to my nan. I have read somewhere and correct me if I am wrong that even if my nan gave the relative permission to write herself a cheque for her own gain that this would still constitute stealing as cheques can only be written for things that my nan needs?? I really hope this makes sense.

Thanks

 

(1) As you don't know what the cheques were used for ,it would be wrong of you to assume your relative has used them for their own gain.That is treading on very thin ice.

 

(2) If your Nan did indeed give permission, then how can it be stealing.

 

(3) Be very careful what you say .If you do suspect any wrong doing then you should get more family members involved .

 

I myself have POA for a relative should they become incapable of running their own affairs, it's strange how family suddenly think your a no-good devious ba****d.It's all down to jealousy really.

[Aleksandr]

If the cheques were for really, really massive (and I mean HUGE) amounts of money, they might have been for your Nan's care home fees!

Edited July 6, 2012 by Aleksandr

[Darth Vader]

 

(2) If your Nan did indeed give permission, then how can it be stealing.

 

(3) Be very careful what you say .If you do suspect any wrong doing then you should get more family members involved .

 

 

(1) Do you know for a fact that it so? The OP thinks a different law may apply.

(2) Totally agree. If I was drawing large amounts out, I think though, I would want other relatives to know what it was for, and would mention it to them.

[PeteMorris]

Hi Everyone

 

I really need some advice! One of my relatives has power of attorney over my nannans accounts, the relative has the cheque book in her possession. After noticing one of my nans bank statements it has been noted that 2 large amounts of cash has been withdrawn from the account via cheques I am unsure what these are for. My nan is very old and not compus mentus (sp) . If I asked her I know she would not have a clue. My question is if you have POA can you write cheques for yourself and use them for your own gain e.g home improvements or can you only sign cheques when it is beneficial to my nan. I have read somewhere and correct me if I am wrong that even if my nan gave the relative permission to write herself a cheque for her own gain that this would still constitute stealing as cheques can only be written for things that my nan needs?? I really hope this makes sense.

Thanks

 

This link may provide some guidance on this subject.

 

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/if-you-suspect-abuse

 

And this one too provides some information. There are different types of POA's

 

http://www.thisismoney.co.uk/money/news/article-1613319/New-power-of-attorney-rules-ahead.html

[crt23]

Thanks everyone, they were large amounts £10000 in total in 6 weeks, she is not in a home and I can see the debits going out for her carers. It has nothing to do with jealously I just don't want her to be ripped off by a relative who is having home improvements etc without seeking consent from my nan.

[Jeffrey Shaw]

A Power of Attorney can be one of three main types, under English law. Briefly, they are:

 

1. Ordinary Power [e.g. for someone going on holiday ("the Donor", D) who needs documents signing in the interim by an appointed agent A].

Problem: this ceases to be valid if D loses mental capacity.

 

2. Enduring Power [which outlasts loss of D's capacity]- but this can no longer be granted because it's replaced by...

 

3. Lasting Power [ditto].

 

So in this case, crt23, with which type are we dealing?

Edited July 6, 2012 by Jeffrey Shaw

[Cyclone]

A woman has been jailed for eight months after stealing cash from her mentally frail 90-year old grandmother.

 

Zoe Berridge, 33, of Immingham, stole nearly £12,000 from her elderly relative's account after she was given joint power of attorney, the Grimsby Telegraph reports.

 

She is said to have systematically withdrawn the cash after taking advantage of her grandmother's illness.

 

The case highlights how it's vital to give lasting power of attorney to a person who can be trusted to take care of a physically or mentally unwell relative.

 

In addition, it's important to be sure that any investment decisions made by those given lasting power of attorney are ones that are acceptable in the long run.

 

So it is possible for someone with LPA to steal from the person whom they are administering affairs for.

 

http://www.lawpack.co.uk/power-of-attorney/news/article5477.asp

 

Zoe Berridge admitted in Grimsby Crown Court that she had stolen £11,678 from her 90-year-old grandmother between April 2008 and November 2009.

 

Ms Berridge, of Dunster Walk, Immingham had joint power of attorney over her frail relative's finances and used her "vulnerable mental state" to allow her to take the cash.

 

As a result of her actions, Ms Berridge, who is a mother of two, has been jailed for eight months.

[PeteMorris]

Thanks everyone, they were large amounts £10000 in total in 6 weeks, she is not in a home and I can see the debits going out for her carers. It has nothing to do with jealously I just don't want her to be ripped off by a relative who is having home improvements etc without seeking consent from my nan.

 

Sounds very much like 'elderly abuse'. My auntie had people like that around her before she died. They weren't even relatives of hers, and they managed to get her to make a new will out and make them executors of the will too. They got everything she owned to the tune of about 350k. We're still trying to fight it, but they're spending the money like it's going out of fashion before we can do anything about it!

 

Stop it in the bud, before it goes too far with your nan, and keep copies of everything!!!!