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Just recently discovered that a member of my family who 'cares' for their elderly and increasingly senile mother has stripped her of £100000s without an EPA or an LPA being registered. She's currently on a world tour spending more and more. The mother, currently left in a home without any contact details, thinks her daughter doesn't have access to her account and can afford all this because she's been a 'good saver' during her whole life on benefits. Anyone had any experience of the Court of Protection or any legal eagles who can point me in the direction of trying to restrain this manipulative abuser before the last few quid get spent?
This is one for the police. LPA if she is competent and Deputyship if not. I had a client whose son did similar and police sorted it out together with social services.
Sadly that does sound like a Police matter to me.
You can't choose your family.
If you reported that to me I'd take it on as a theft/fraud/embezzlement, no bother, but not all cops will be so keen, so you may need to be persistent. Hopefully not, but forewarned etc......
Yup report to Social Services as Vulnerable Adult and to the Police.
It's sadly rather common.
It's financial abuse. An area my wife has worked in for over 10 years. Ask for contact from the public protection unit at your local police station.
If the daughter persuades the Mother to say she let her have the money, there may be little anyone can do.
If the daughter persuades the Mother to say she let her have the money, there may be little anyone can do.
Not true.
That is a situation that would piss me off no end. Family or not, I would drop the daughter in it in as many ways possible.
Except for one consideration and that is the feelings of her mother. If she's potentially got a good time left and is likely to discover the theft then I'd act as soon and with as much weight as possible. If however the mother is unlikely to ever find out about it or need the money then I'd be tempted to tread a little more carefully. Much nicer for the elderly lady to go to her grave wrongly thinking that she raised a decent human being then knowing she raised someone vile enough to rob their own mother. And this is where to would get tricky for me as I would want the daughter somehow stopped and punished but without causing any distress to the victim.
Eternally grateful for your contributions, I may be back on here reporting the outcome of a court case.
Horrible situation - good luck and I hope you get it sorted for the best.
Which country are you in BillMC?
What other family members are aware of this? Would they have had an expectation that some of this money would have gone to them ultimately? Essentially, in this case, I'd say the daughter was robbing the money off the others.
^^^ I agree. I'm in the UK but 300 miles away from where this is all going on.
Hmmm, ^^^ certainly seems like time to involve PCPlod.
Which police force covers where your mum lives?
In the current climate within the police , vulnerable people are the no 1 priority, so mention that yiu think she is vulnerable are you will be likely to get a better response!
I've dealt with a few similar cases as a police officer and hasd successful outcomes with prosecutions.
A lot depends on the elderly persons ability to give evidence to the police
Good luck
The offences are occurring in Cornwall. I can't seem to get hold of the phone number for the public protection unit in St Austell so may well start by phoning 101.
call the Safeguarding adults team at Cornwall Council
https://www.cornwall.gov.uk/health-and-social-care/adult-social-care/safeguarding-adults/
Assume the daughter has financial Power of Attorney?
If not, then the methods by which she has obtained this money should come into question, as no bank should be permitting any changes to a bank account (including withdrawals) to anyone who does not have POA. You can get a Disclosure of Authority but that allows you to access information only.
I've checked with the Court of Protection, no EPA or LPA has been registered but a 'health and welfare' EPA has been applied for. Possible implications: drain all the money then make an arbitrary decision about dumping her in a home without having to consult family members.
Thank you so much for all the tips and advice, Francis Galton would have been impressed with such crowd sourcing.
Yup report to Social Services as Vulnerable Adult and to the Police
This +1
Go for it.
Gone for it. Cheers all.
I may be too late to throw this in to your thinking, and there are no easy answers in this sort of issue but who is going to care for the elderly lady if the daughter is prosecuted? At best the daughter will be pissed off as her gravy train has come to an end and at worse she won't be around for a while.
Is there someone else that will step up and care to the lady's needs?
Well from the OP it seems like the daughter isn't there caring for mum at the moment anyway.
Exactly. She's not caring for her if she buggers off on holiday.
Well from the OP it seems like the daughter isn't there caring for mum at the moment anyway.
I read that too. I assume that either the victim in all of this either doesn't need care in which case there's possibly also an issue of benefits fraud as the daughter may be claiming as a carer and not fulfilling those responsibilities or that some arrangements have been made whilst the daughter if off spending the proceeds of her theft. I don't know if it's one of these possibilities or something else.
The first concern should be the mental and physical well being of the victim in this sorry situation and I don't think there's any harm in reiterating that whilst the pitchforks are being sharpened.
Though I'm following with interest given I do have financial LPA for my mum which means I'm currently selling her house, which is worth a ridiculous amount despite being in a total state as it's in easy commuting distance of London. If I do go off on a world tour you'll know what's happened 😈