Brother & Lasting power of attorney

[Julsi]

My M.I.L has her two children as lasting power of attorney. One son has taken it upon himself to set up online banking in M.I.Ls name to deal with all her finances & he won't give the other son (my OH) the password to check all is ok. Since this has happened the brother seems to be splashing his cash on new kitchen, windows etc when only 3 years ago he was asking my OH to lend him money. I'm very suspicious but my OH doesn't want to 'rock the family boat'

Does the other son have lasting power or attourney? If yes he should also be able to access the bank account.
POA is for when the individual doesn’t have capacity. So unless MIL agreed he shouldn’t have access. Probably best to do some digging to be on the safe side.

As an Attorney, he can ask the bank to provide him with full access. If the other Attorney is abusing the position, they should be removed. It is a serious breach of trust. The money should be used for the mother's care, expenses etc only.

Yes, both sons have LPA over finance. When my OH went online with his mum's details a password was required which his brother has set & won't share.
Not sure if it's possible to create another online account. It's just very suspicious that his brother won't share the password.

Very suspicious OP

I would be digging

@Julsi Could you OH not go into a branch of the bank, with the proof of the LPA and request the information/ask for access?

Unsync, thank you, it's what I thought & I agree his brother 'appears' to be benefitting from their mums bank, could be totally wrong but there should be no reason to keep the password to himself

Report it to the office of the public guardian if you're that concerned. They have investigators.

I'm so pleased it's not just me being too suspicious. I think I will have to convince my OH that he really does need to man up & either confront his brother or go to the bank.

I would be suspecting fraud or theft too.

Your OH needs to man up and deal with it as of anything ever comes of it he has a responsibility too as POA.

he needs to protect himself, and his mother

@Julsi your OH needs to go to the Bank, make sure the account is set up as a POA account and that both POA have to sign before funds are released, or funds over x amount . You OH can get a copy of the statements to review spending. Stopping withdrawals is the most urgent he can talk to DB once he has the facts.

Sadly financial abuse of the elderly is far to common and perpetrators are often family. Age concern has good advice www.ageuk.org.uk/information-advice/health-wellbeing/relationships-family/protection-from-abuse/financial-abuse/

The OPG and SS are very slow to act, so whilst your DP may need to inform them stopping future withdrawals is the priority.

Your DH may want to explain deprivation of assets to his DB along with the fact he is misusing the POA.

Has he given a reason for not sharing the password? Yes your oh needs to look into this it seems his brother may be accessing

I have recently been setting up LPA with my brothers.

1. Has the LPA been activated with the OPG? Was it set up so you can authorise together, or separately?

2. if appropriate, activate the LPA with LPG. You (and your brother) will be sent an electronic access to the LPA and one copy of the LPA will be sent - try to have this sent to you.

3. Go online and see how your Mother’s bank add an Attorney to an account. The bank will then add you to the account access.

it is possible that your BIL has not activated the LPA with the branch, but has just set up the account online - doing the above (properly) will give you full view and oversight of the accounts.

good luck

Thank you for the information witchlight.

Yes the LPA has been registered. My OH just doesn't want any hassle & is basically letting his brother do what he wants, it's so frustrating & I'm trying to tell him he needs to get involved but he just gets so grumpy. I'm trying to convince him to at least go to the bank & I'll do the talking...

As joint attorney he has a responsibility to safeguard his mum's finances though. Thats literally the job of a LPOA.

turning a blind eye to someone else ransacking her accounts also makes him liable. The sooner he acts the more likely it is he won't have his LPOA taken away from him as well when/if it all comes out.

It's very simple, he just needs to see a recent bank statement which he can get from the bank. IF there is a problem inform the OPG and the local authority and they will do their own investigation and gove advice about securing the accounts (often in these situations the other attorney simply closes the compromised account and deposits the money in a new one).

If MIL has care needs it will all come out anyway when they next do a financial assessment but at that point fingers will be pointed at both at them initially not just BIL.

Exactly what SSW says. He doesn’t need the password, he can ask at a branch.

Your brother in law is clearly cheating his own mother. Your husband should be protecting his mother not backing up this complete loser.

Is your BIL logging in pretending to be his mother or has the LPA been logged by the bank and therefore he has access in his own right? It certainly sounds like there's something fishy going on and your DH needs to get on top of it.

@Princessglittery Do both siblings have to be approved by the bank at the same time? I have a meeting with my parents' bank next week to move forward with their banking but my sister is overseas until later in the year. From recollection the POAs are written that decisions can be made jointly and severally.

“Is your BIL logging in pretending to be his mother or has the LPA been logged by the bank and therefore he has access in his own right? It certainly sounds like there's something fishy going on and your DH needs to get on top of it.”

i think it is the first one

An attorney has to act in the best interests of the donor and should keep a paper trail of all monies spent on their behalf.

I would seek advice from the OPG if your DH doesn’t want to get involved.

Trying to get through to the OPG is a complete nightmare. The bank would be simpler.

I’m also not sure that OP has any standing to seek advice - what will the action be once she gets it, if DH is still doing nothing.

@WhatHaveIFound my advice was aimed at stopping the BIL taking funds now and in the future.

Honestly, you have a meeting with the bank and they will advise you on the best way to set up the account and whether to require both signatures or if you can both independently authorise.

@Julsi you need to make your DP understand that if BIL withdraws money and MIL needs care the LA will treat it as though the money is still there. Your DH could find that he has to fund MIL care to replace the money that has been taken.

You can email them on [email protected] or there is an online reporting form for concerns.

I refer to the OPG frequently as part of my job, via email also means there is a handy paper trail of action taken.

They can be slow to respond though.