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 Once the elderly person passed the LPA was no longer valid and it all fell to me as executor.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

This. You don't have a choice

I think that as well as reporting to the police, you also need to tell the other main beneficiaries of the will. If they’re all related and you haven’t already, I’d tell the police first so that they can’t argue against it…

You've spent 'months' investigating ? What's holding you back? Just report. (Plus you're an executor FFS)

Hang on a mo.

If the LPA wasnt registered with the bank, how did the 'attorney' withdraw the money.

This becomes a much more straightforward case of fraud

If you realise before the vote closes you can change your vote.

The person just used the bank card they had access to... you wouldn't need LPA unless someone actually asked to see it. I've been withdrawing cash and paying for things for my Dad for years now (which is all documented and can be tracked back to him) as he can't get anywhere near a cash machine these days.

Also.. as its clear you know, if you don't take appropriate action, you could be in the shit yourself when the other beneficiaries find out, and they will as it is your duty to tell them. Until you report to the police, you are effectively aiding/hiding this theft.

Report it, please. Abusing someone elderly is as low as it gets. It's fraud, whether they are a relative or not.

People like this make me feel physically sick, financially abusing a generation that worked their socks off for everything-report the fucker

Accidental vote for you being unreasonable. Sorry.
Definitely report to the police regardless of relationship. They have made their bed.

I wouldn't be leaving my handbag near that relative either

So someone else had to stump up for the funeral because of the LPA spending all the person's life savings/pension?

I presume your relative wasn't fussed about the cost of the funeral "ruining" that someone else?

Absolutely report it. Chances are they've done it before , or if not, will absolutely do it again. "Oh don't worry, I've been a LPA before. I know what to do. Even made sure she had the best possible send off. Your money/relative's money is safe with me"
And next time could be even worse.

If you don’t report it, you would be complicit in the crime and it will be found out anyway as the care home will be wanting their money and the council won’t just say, “Ok, we’ll pay it.” I’m sorry you’ve been out in this position but you need to protect yourself as much as anything!

I would also report it, I would also speak to the Care Home whether they contacted the person who had Power of Attorney regarding the non payment of fees and all their dealings with this person. The Care Home may have legal representatives that can help you.

Probably fear of recriminations?
What has happened is disgraceful and I'm sorry that you are in this position now op. Do what you have to do but keep yourself safe too.

Definitely report it. It's fraud and it was ongoing. And the money was used for luxury items, not necessities. They knew what they were doing and it's their own fault if they get prosecuted.

This is too serious to ignore. This person could prey on another vulnerable adult. Also it’s dodgy if they got lpa for someone lacking capacity.

If the LPA was never registered with the bank, how was this person obtaining funds?
I would start by speaking the deceased's bank.
If there has been fraud, they should help you.

Definitely report it, don’t let your other relative dissuade you from doing the right thing.

As a previous poster wrote, capacity is decision specific and also time specific. You can have capacity for one decision but not for another. A persons capacity can also fluctuate. She may have had a delirium at the time she was documented as not having capacity and this could have resolved. Having dementia doesn’t automatically mean a person lacks capacity but it means you should always do a full capacity assessment for big decisions such as an LPA. So if no formal capacity assessment took place for a vulnerable person with dementia when the LPA was taken out then the LPA was not valid. Proving that your relative deliberately defrauded the deceased may be more tricky. Is there any written documentation that the money was to be used for care home fees? Your relative may plead ignorance when it comes to capacity decisions and say there was a verbal agreement they could spend the money on themselves.

Yes this sounds serious OP judging from the sums concerned and that nature of what they’ve been spent on

Could it be undue influence as well ?

That is disgusting fraud. You absolutely must report it to the police asap!

“Dodgy” is putting it very mildly!

Good for you OP!

I would absolutely report that. It’s absolutely disgusting behaviour and needs consequences.

It’s theft from the beneficiaries of the will, and as executor I think it’s your duty to act on their behalf.

I think you misjudged the person you confided in.

Is it possible they were 'in' on this fraud?