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could Y be spending someones money on themselves through power of attorney?

(7 Posts)
coffeetableblues Thu 06-Nov-14 11:11:36

Hello I'm just looking for some advice.
I don't know were to start so please stick with me here. I have actually wrote this post a few times and then deleted it before posting. I'm now going to give as little personal detail as possible In case circumstances are recognised, and don't want to cause rifts in a family. So I will refer to person in question as Y

If Y Had joint power of attorney with Z over Y's DM bank account and Z is not in the best position to keep and eye on or know how to. How could we, having no legal right to see what is going on with the bank account check that Y is not using DM money for personal use. Z has hinted at suspicion of Y and New purchases happening recently.
But wouldn't Z of been notified if Y had taken money? I don't know how power of attorney works. Wouldn't the bank automatically send statements to Z as well?
Could we contact the solicitor to ask if they could 'investigate or aleast make sure Z is kept well informed? Or is it just Z is not understanding how things work leading to suspicion?
Sorry if it all seems vague I will try and answer any questions best I can.

Wolfbasher Thu 06-Nov-14 11:20:20

I think Z needs to take charge of the situation. Power of attorney means you have the right to handle someone's affairs. The bank won't magically know that Z has a right, unless Z contacts them (and provides legal proof).

Z needs to speak to Y, and agree how the DM's money will be handled, who will see what, etc. For example, bank statements, receipts for purchases etc.

I don't think a solicitor can 'investigate'. What you suspect Y of doing is illegal, so if you have evidence or strong enough suspicions (more than just 'a feeling') then you, or anyone, could contact the police.

coffeetableblues Thu 06-Nov-14 11:42:01

Thank you.

I feel the same as you about Z taking control. But Z is not in the best Emotional place at the moment and is really quite old.
Plus I think might also not be wanting to believe that beloveded Y could do such a thing. As we do not know ourselves what is going on we feel slightly as a by bystander. Who if reported on the fact Z only hinted at suspicion could well cause more harm then good. But I am glad you have high lighter that unless Z actually speaks to the bank, they will not automatically know.
It's such a hard thing to look in on from an outsider point of view. As yes Y May of made new purchases but I can not tell if they manage there own money well.

I will speak to relevant person to get them to try and advise and help Z take control. (doesn't help that relevant person also seems to stick there head in the sand)
Thank you, again

Wolfbasher Thu 06-Nov-14 12:19:07

It might be possible for Z to consign their power of attorney to someone else. I don't know the legal situation about that, but a solicitor would be able to advise. If you, or someone else, is better placed to carry out those duties, that might be a solution. It doesn't have to be framed as 'not trusting Y', it could be more of 'Z has responsibilities they aren't best placed to carry out, so wishes to pass them to X'.

coffeetableblues Thu 06-Nov-14 15:00:35

We will see how it goes getting Z a bit more involved first. Hopefully once they can see bank statements and stuff it will be ok. But will definitely looking into that if it's needed in the future. As their is a possibility of an X taking over if it's to much for Z.
Thank you again

Wolfbasher Thu 06-Nov-14 15:02:05

Good luck!

BelladonnaBlue Sat 08-Nov-14 10:48:14

If you or Z suspect that Y is using the money for themself then the Office of the Public Guardian should be contacted. As the regulatory body that oversees attornies they will have the power to conduct an investigation into Y's conduct.

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