Would you report this to the police?

[RockOrAHardplace]

I am Executor of a Will for elderly person who recently died. Unknown to me, there had been an LPA in place for finances as elderly person was in a dementia care home. Once the elderly person passed the LPA was no longer valid and it all fell to me as executor.

Transpires the person entrusted with the LPA robbed her blind and didn't pay any of her bills despite taking the money from the account. Nor did they register the LPA with the elderly persons bank. LPA was also taken out 2 years after elderly person had lost her mental capacity and was in a dementia care home. According to bank statements, whilst in dementia care home, which she never left, said elderly woman was buying designer clothes at Urban Outfitters, eating meals at nice restaurants, attending concerts and buying petrol for her car (elderly person never drove) and was having supermarket food deliveries delivered to a house 60 miles away where the holder of the LPA lived in a fully catered secure dementia care home..

Tried reporting to the Office of Public Guardian as the LPA should never have been allowed but as the elderly person is dead, their powers have lapsed.

Person who had the LPA entrusted cannot account for the whereabouts of the money, we are talking enough to buy a small house. There wasn't even any money to bury the person person in the estate (but before you ask the money came from elsewhere and she had a lovely funeral).

Would it be reasonable to report it to the Police or unreasonable to do so?

1000000% report that.

Definitely report to the police. Start gathering the evidence now.

I was watching an almost identical case on “24 hours in police custody” last night and the person was convicted of fraud.

Definitely report it.

It sounds like you are talking about quite a substantial sum. I’d definitely report it.

As executor of the will you are entrusted with ensuring the beneficiaries receive the appropriate assets as per the wishes of the deceased. If those assets have been taken, potentially fraudulently, then you have a duty of care to report it.

Perhaps should have added its a distant family member - sorry didn't mean to drip feed. But as far as family loyalties concerned, would this make a difference to whether or not you reported them.

It's fraud. You may struggle for it to be taken seriously and may be told its a civil matter (it's a criminal matter as well). But be persistent.

Edited to add as executor you have a fidiciary duty to deal with matters appropriately so reporting it is what you are obliged to do.

YANBU. Sorry - I clocked the wrong vote. You are definitely not being unreasonable to report to the policed. I watched a programme about this the other day. I think the crime is fraud by misrepresentation but could have got confused. It is definitely a police matter though.

Yep, me too.

No, I'd report anyone who robbed a vulnerable elderly person blind.

What I don't understand is why you're thinking twice about it?

What channel is that please, would be interested to watch it. My inclination is to report it but surprised at the reaction of the one family member I talked to about it. They were that adamant I shouldn't report it, even though the substantial evidence I have is pretty damning as the person is family and could ruin them!

You need to report this, both as her executor and as a fellow human. This is a shocking and definitely premeditated crime and the person should be held to account for it despite the lady being deceased. I don't know who would have inherited but those people have also had a crime commited against them, as they will not get whatever the lady had intended for them to receive. If nothing else, it might stop the next person who sets out to steal from the next vulnerable person.

Report it and if you can, collect all the evidence you have - such as the records of expenses you have just mentioned if you can. I think going in armed with this will make the case be taken a lot more seriously

YANBU - but I accidentally pressed YABU - sorry! 🫣

No difference. Fraud us fraud, even worse if it's a family member. Report to police.

You can change your vote, click again.

Whatever the consequences for the person that's not your problem, that is up to the court to decide. I would be suspicious of another family member saying you shouldn't. They might have benefited or known about it and be worried about being found out. Don't discuss it any further, take all the evidence and let the police decide what the most appropriate action is.

LPA would've had to be verified by a professional confirming donor's capacity surely? It's slightly unusual (although not unknown) to have an Executor who wasn't also the Power of Attorney - but how come you had little knowledge of the person's affairs before their (sad) death if they trusted you to be their Executor?

TBH the person who has robbed a vulnerable old lady (and her family who should have inherited) deserves what's coming to them if they're prosecuted. You've got the evidence, in the bank statements.

Awful - definitely report

Definitely report it. The abuse of the vulnerable is hardly reported or recognised.

I don't really care if the money went on designer goods or even rent payments, it's stealing, it's financial abuse & not acceptable.

Without reporting this person could act as an LPA for someone else.

Channel 4.

No it wouldn't. They could be a close family member and I would still report them. Stealing from such a vulnerable person is just awful, and they need to face the consequences.

Doesn't matter who they are, they have committed fraud and need to made accountable

Imagine yourself being a victim and the family of the person screwing you over knowing and saying, "cant say owt cos they are family "

Interesting question. I have spent a few months getting as much evidence together as I could and giving the LPA holder an opportunity to explain where the money went.

I was 100 percent adamant I would be contacting the police, I have kept this to myself int he hope I was wrong but the evidence is just unbelievable.

Can't go into detail without outing myself but its quite clear the LPA holder was fully aware the elderly person had dementia and had lost their mental capacity when the LPA was created. There are records documenting discussions between the elderly persons GP and the family member dating two years earlier proving there was no doubt the elderly person had no mental capacity to create an LPA.

The family member had access to the empty home so the bank card and number and didn't register the LPA with the bank. Monies were drawn from an ATM on a regular basis with the declared intent of paying care home bills that never got paid. Said relative admits they had elderly persons bank dispenser card for the purpose of paying bills.

I did all the evidence hunting and had to wait for certain documents to come through to me. The evidence is condemning.

I chose to confide in someone and there reaction very much surprised me and had me doubting myself and they are pretty grounded. They read the evidence and acknowledged it was clear what our family member had done, but ultimately they said that family loyalties dictate I don't report it to the police as the harm it does to this persons family will be devasting for them. My opinion is that the family member made that decision themselves, when they did what they did.

I'm on here because I was so positive reporting this to the Police was the right thing to do and now they have me doubting myself, hence the question.

Apologies I caught wrong vote and you cannot change it once pressed !
You can change your choice 👇👆