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Power of Attorney - open to abuse?

15 replies

SixtyFootDoll · 29/07/2009 20:26

If you have power of attorney can you be scrutinised for financial irregularity?
Believe someon is helping them self rather than paying an elderly relatives bills..

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FluffyBunnyGoneBad · 29/07/2009 20:33

I think this is a fraud issue if you believe this to be the case so the solicitor overseeing the estate and the police need to be involved.
IIRC, they are not scrutinised by anyone or any body. If you suspect an irregularity then your best bet (depending on how close you are to the relatives and whether you are involved in the estate) is to go to the solicitor or the police.

SingingBear · 29/07/2009 20:36

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FluffyBunnyGoneBad · 29/07/2009 20:37

Thanks SingingBear.

It shows how much the law changes since completing my degree.

SixtyFootDoll · 29/07/2009 20:39

An application has been made to the Office of Public Guardian so will wait and see
Thanks
Is very sad isnt it?

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SingingBear · 29/07/2009 20:40

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FluffyBunnyGoneBad · 29/07/2009 20:41

Yes, it's good that there are now some safeguards though. It may not be as you suspect, it might show the person involved for what they are though, it's better to find out now then when there's nothing left.

SingingBear · 29/07/2009 20:41

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SingingBear · 29/07/2009 20:44

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SixtyFootDoll · 29/07/2009 20:44

embarrassingly i am a Police Officer and have been approached by a friend concerned about a family member, asking my advice
We didnt know who had power of attorney to start with, the solicitor did but is not any more.
The family member's care home bills are not being paid and we bleieve the relative who poss now has POA is obv not paying bills so where is the money going?
Like you said hoping Office of PG will help..

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Besom · 29/07/2009 20:45

You could also call social services and talk to them about it, and they will involve the police if needs be. Is it someone with dementia?

In Scotland there is a body called 'the Office of the Public Guardian' who oversee things and keep records of POA's etc. If you were in Scotland I would say phone them for advice but I don't know if there is an equivalent body in England.

Besom · 29/07/2009 20:46

A lot of x posts! Was faffing about wrting that!

SingingBear · 29/07/2009 20:52

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Besom · 29/07/2009 20:54

I can only talk about Scotland but due to Adult Protection laws/guidlines we now have this would warrant involvement by both ss and the police (even if no prosecution was to come out of it), and especially if this person does not have capacity to make their own financial decisions.

I'm surprised the care home has not got ss involved as they will be wanting their fees paid.

SingingBear · 29/07/2009 20:56

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SixtyFootDoll · 29/07/2009 21:36

SS are involved but seem a bit baffled too, hopefully we will get it sorted!

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