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Legal matters

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Mum with dementia taking money out of her account.

54 replies

Yoohoo778611 · 24/04/2022 16:28

At long last my brothers and I have access to mums bank accounts.
She was diagnosed with dementia over 12 months ago but still able
to go out on her own.
It's taken a while to get POA for health and finance.
Mum has always been secretive about money.
The first bank statements have come through and for over the last 18 months
she has been taking out £500 per week.
Our worry is
A) where is this money
B) tax implications
C) inheritance tax
D) she might need to go in a nursing home sooner rather than later.
When we have quiered it with her she has got aggressive which is part of her dementia now.
Can we speak to the bank and stop her debit card. We have tried to get the debit card
off her but she is adimant that we are not to take it.

OP posts:
darlingdodo · 30/04/2022 16:38

Agree with AlternativePerspective. A vulnerable person having thousands of pounds stashed in the house is a recipe for disaster.

An elderly aunt had money in the house which was filched by a neighbour purportedly 'helping out'. Some people are just utter arseholes.

Is there any way you could put some of the money back in her bank account? I'm assuming she has no idea how much she has in the house.

toomuchlaundry · 30/04/2022 18:30

For those saying she has overstepped the mark as POA by searching the house, maybe she has searched the house as a family member rather than under the terms of the POA

1099 · 01/05/2022 08:02

OP has posted in Legal Matters, she is presumably wanting people to quote legalities, or she would have posted in AIBU.

This isn't about how hard it is dealing with dementia, just go on the elderly parents board if you want to find out that, this is about, is the OP acting within the bounds of her POA, and conspiring with her siblings to get her mum out of the house so she could carry out a search which she knew her mum wouldn't have allowed, is not something she is legally entitled to do just because she is concerned. Think about it how would you feel if you found out a relative of yours had searched your house because they were concerned.
If the OP reads the info (I think it's form LP11) from the OPG it actually lists things she should do with her mum to plan for the time when she actually does lose capacity.
Furthermore based on what the OP has posted I very much doubt her mum realised what she was signing up to when she completed the LPA paperwork because she doesn't sound as if she wanted the OP involved in her accounts at all.

whataboutbob · 01/05/2022 13:10

This may be the letter of the law as per the OPG but the difficulty is if one followed LP11 to the letter, then attorneys are essentially powerless in the tricky early/ middle stages of dementia where behaviour becomes increasingly bizarre, paranoia and denial are entrenched but capacity hasn’t yet been deemed to be lost ( often because the person refuses to engage with GPs, memory clinics etc and won’t be assessed) Which leaves plenty of opportunity for scammers to step in. The OP isn’t trying to scam her mother, she’s trying to get to the bottom of important and disappearing sums of money.

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