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 Once the elderly person passed the LPA was no longer valid and it all fell to me as executor.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?

Wow. So many stories here of elder abuse. There are some wicked people out there.

I'm so sorry to hear this.

I think one advantage I have is that this family member had a financial LPA and as such they have a legal duty of care to look after the financial wellbeing of the donor (elderly person) and as all the bills remain unpaid and the bank statements clearly show monies being withdrawn every time pension monies went in and they remain unaccounted for, that I may have a better chance with the Police.

Thank you for the encouragement though.

What a shocking thread.

My mother’s lawyers spoke with her privately before allowing my sister and self into the family meeting to set up the joint/several LPAs.

Report, report, report!

would the money only have gone to the care home and run out? was the person with the LPA a beneficiary? this is fraud and theft and a million things, but i am from another country and beating out “the system” is something i can imagine my relatives doing and justifying that the rich hold onto their money and the average joes get screwed. spent make it better, but if the lpa
wqs a close family member and beneficiary i would understand your other relatives response

OK, well I think that sort of seals it for me.

I was so adamant that reporting it was the right thing to do and 2 months I was applying for documents as the executor to gather evidence of my concerns and partially in the hope that the family member would come clean.

Reporting a family member to the Police is a pretty momentous thing to do and so I chatted it through with this person that I trust and someone who I always felt had the same moral compass.

That's why their reaction threw me and I began to doubt myself.

But you lot have been unwavering in your comments and think the same as me and I am sticking with my own gut instinct on this.

Elder financial abuse is not acceptable and I am shocked that someone has taken advantage of their own vulnerable relative in this way and they should be held accountable for it.

Thank you everyone,

My MIL has just made a LPA and it isn't intended for the person nominated to use the power indiscrminently. The still have a duty to use the money in a way that is consistent with what the elderly person would have wanted and it has to be for their benefit. They should be able to demonstrate that they have followed the rules. You have evidence that it was used for things that are inconsistent with being for the elderly person. It's unfortunate that you weren't aware of what they were doing and sorry to hear that you were seriously ill. Now you know and can do something about it and you have a legal duty to do so. I don't know if you would be opening yourself up to legal liability, if you are aware but don't tell the police. It's potentially possible for the local authority to say that you have stood in their way to get their money. As you said yourself, the person who does the crime has to bear the burden of facing justice for it. I understand it must have been unsettling for you to be told not to, from someone who you expected to think you should. Your first instinct is right, give the evidence to the police and hopefully they will be able to bring a conviction.

The family member concerned would have been a smaller beneficiary and there would have been monies for the main beneficiaries after the care home fees had been paid.

But said family member didn't even leave money for a funeral and in the UK, funeral fees come before any other debts.

You really must report this or at least get it on record that you have tried to.
As the executor you also have a legal duty, not reporting could leave you wide open to accusations yourself.

Err yes like now!

My uncle took all my grandmother's money this way.

My mother didn't want to report.

It's a pretty despicable thing to do.

Also saw the tv program - Channel 4. They were reported by the victims Social Worker. It's Financial Abuse and the person was charged with fraud. Awful.

As Executor, I believe it's your duty to report this.

@RockOrAHardplace as the executor of the will, I think you have a duty of care to the beneficiaries to seek the return of the funds. In my mind this would involve pursuing the money in court if possible.

Report to the police and provide them with all the evidence as PPs have said.

Yes, report to police asap.

You and the pp who posted they'd done the same can change your votes just by clicking the other option instead.

@RockOrAHardplace just to caution - capacity is decision specific which might add a layer of trickiness to this. My family member had their mental capacity loss confirmed and a deputy appointed by the court of protection. In these circumstances, we're still obliged to consider every (significant financial) decision and whether they have capacity to understand. I don't doubt that your elderly relative didn't have capacity, and the examples you cite sound damning, but you will find your position stronger if you acknowledge this point from the outset. ("Of course, capacity is decision specific, but I don't think uncle Jo had capacity to understand how much money was being spent.").

I would go after the care home fees and bills not being paid over anything else - I have no doubt the LPA holder will say that their relative told them to have a present / treat / birthday gift and so on. Actually, any gifts have to be proportional to the size of their estate as far as I'm aware so that might be important too.

100% report it to police. If they’ve done it once and get away with it they may well do it again.

A million percent I'd report this to the police x

100% report the fraud because that it What it is! It is quite systematic over a relatively long period of time. As an executor, you have a duty to report what you have uncovered. As for police involvement affecting the perpetrators family, hard luck, a criminal act was committed against an elderly woman with limited mental capacity. Perhaps the family might not be so forgiving when they realise the extent of the fraud including no money left for a funeral.

No family loyalties would not stop me they swindled a defenceless old lady. I would definitely report.

The thief wasn’t loyal to the person they stole from. They’ve already ruined their own lives and whoever was entitled to the money in the will.

Report to the police.
I know someone who was buying a probate house & the chain fell through when the police froze/seized the asset because of something similar which had gone on.
As the executor, if you don’t report it then you might implicate yourself.

P.s you might find this weeks 24hrs in police custody particularly inspiring.

I would absolutely report this. It is disgusting that so much money was stolen. And I wouldn’t care if the thief’s life was upended. This decision was theirs the moment they and their buddy started to exploit a defenceless person in a precarious position.

It isn't just the family member who has behaved appallingly, and illegally, here.. it is also the person who helped them by knowingly witnessing the LPA when the person in question was clearly lacking capacity.

And as the executor, you have a legal duty to act appropriately which is turning over all the info and evidence you have to the police.