Power of Attorney or stealing ..help!!

[Jeffrey Shaw]

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

Yes, I agree. This is so for all three types of Power.

[Cyclone]

Yes, I agree. This is so for all three types of Power.

 

How do you go about getting this investigate and prosecuted if necessary though?

[warrior8]

How do you go about getting this investigate and prosecuted if necessary though?

 

Go to the police if you have well founded suspicions.

[Aries22]

Go to the bank and ask who the payee was then you will know the answer.

[ANGELFIRE1]

Seek professional help asap.

 

Angel.

[xfox3x]

Social Services will investigate suspected abuse.

[mafya]

Being put in control over someone elses wealth can make some people do silly things, no harm in checking just to see everything is above board and I'm sure most people would understand.

[crt23]

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?

 

I think it may be 3 but not 100%

 

I don't think the bank will tell me who the payees were sure it will be all data protected??

 

I am sure if I asked my nan she would probably say she hasn't allowed the relative to have £10000 however if I asked the relative she would say that she has allowed her to have the money. My nan is in her 90's and gets vgery confused.

 

Thanks for all your replies

[Baron99]

21 minutes ago, Sukh Sandhu said:

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

 

An LPA for financial decisions can be used while you still have mental capacity or you can state that you only want it to come into force if you lose capacity.

An LPA for financial decisions can cover things such as:

• buying and selling property
• paying the mortgage
• investing money
• paying bills
• arranging repairs to property

You can restrict the types of decisions your attorney can make, or let them make all decisions on your behalf.

If you’re setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. This offers you an extra layer of protection. These details can be sent to your lasting power of attorney or a family member if you lose capacity.

My bold. 

 

Well of course it's possible for someone charged with a LPA to steal from the donor who's interests they are supposed to be protecting /dealing with.  That's why you should only appoint a person or persons who are trusted. 

 

However, if the donor still has their mental capacity, they can revoke a LPA by sending a revocation notice to the relevant solicitor / solicitors and the Office of the Public Guardian. 

 

You might also want to mention any suspicious activity to the police. 

Edited April 14, 2021 by Baron99

[Baron99]

20 minutes ago, Sukh Sandhu said:

Yes if the donor still have their mental capacity, they can revoke a LPA. If they lose mental capacity, the law states that you are no longer allowed to manage your own affairs. Assets held within the Trust will then be managed by your Trustees on your behalf. Your Trustees can effectively ‘stand in your shoes’ to make decisions on your behalf but these must be for your benefit. They are able to add or remove assets or use the income from the Trust to help you and improve the quality of your life. Assets held outside the Trust will fall under the control of the courts. Creating a Lasting Power of Attorney will enable the people you choose to manage the assets that you own.

You already appear to know the answer to your question?