False accusation of POA financial misappropriation

[Embly8]

Hello, I’ve posted before but now there’s a new development:

My mum has mid stage Alzheimer’s and chose to live in a care home 6 months ago where she’s very happy. I have POA financially and medically for her and have been managing her savings to pay for her care. The complication is, she still owns her own home and due to my medical conditions, I live in her home (I was her carer before she went to the home). My mum stopped working just before diagnosis due to her symptoms and her savings changed from being savings to being used to live off - under guidance of her financial advisors.

In the last year, a lot of things broke in the house and I was told by the financial advs to use my mum’s savings to pay for them (instead of my own) as she owns the house, I also had verbal permission from my mum. 2 weeks ago it seems the Compliance Dept at the finance advs saw the withdrawals as a concern and investigated. Now my mum has an Adult Safeguarding social Worker and she brought on board an Elder law solicitor to meet my mum. I’ve just discovered that my mum has instructed the solicitor to revoke both LPAs from me and put them in the solicitors’ firm’s care.

In all of this, my mum is distressed and confused - she knows I haven’t misused her savings but was told by the solicitor and social worker that signing the LPAs etc would resolve everything. They’ve obviously just done their job to look after my mum.

But throughout this, the financial advisors will not speak to me or ask me for my evidence. Should I get my own solicitor to try to investigate the advisors? Or start with complaining to them? They are a nationwide firm so I’m scared to accuse them or complain. Just to say, they are also my financial advisors for my small savings too.

Thank you

 

[Sue741215]

I don't have experience of these matters but would suggest you call the dementia helpline as I think you need to complain re the financial advisors but I think you need some advice how best to do this. Do you by any chance have legal cover through your home insurance as you could also use them as a source of advice before getting a solicitor. You might also contact Citizens advice -they are not specialists in this area but have legal expertise to call on and could help you to draft a letter of complaint. - it can help to mention that you are being assisted by them.
Do you have any other family or a friend of your mum who could talk to your mum independently and hopefully hear the same as you about her experience and support your account.

Not sure if these are helpful and hopefully someone with more expertise will reply soon.

 

[Embly8]

I don't have experience of these matters but would suggest you call the dementia helpline as I think you need to complain re the financial advisors but I think you need some advice how best to do this. Do you by any chance have legal cover through your home insurance as you could also use them as a source of advice before getting a solicitor. You might also contact Citizens advice -they are not specialists in this area but have legal expertise to call on and could help you to draft a letter of complaint. - it can help to mention that you are being assisted by them.
Do you have any other family or a friend of your mum who could talk to your mum independently and hopefully hear the same as you about her experience and support your account.

Not sure if these are helpful and hopefully someone with more expertise will reply soon.

Ahh thank you so much. No don’t think the home insurance covers it as it’s in my mum’s name. I’ve tried citizens advice but as it’s complicated they couldn’t help. I can get statements from the workmen who did the repairs plus I’ve got photos of the befores but not sure about friends who are witnesses really. Thank you

 

[Bod]

Would mother's GP/Memory clinic say she lacked the capacity to understand the effect of changing the POA's?
This would be a starting point to complain from.

Bod

 

[Jessbow]

Do you pay any rent or cover your own costs? Elec, council tax and etc?
Who pays I think very much depend on what it is that needs repair/replacement.

if the roof needs repair, fai enough its her property
if the washing machine/cooker/fridge etc - which she isnt using - has given out then I think its down to you

 

[Violet Jane]

This is an odd situation. I don't understand why financial advisers would be involved in decisions about paying for repairs on the house if you had an LPA.

I'm wondering whether this situation relates to living costs. Once she moved out you should have been paying for everything (including utilities and Council Tax) out of your own money. Before she moved out it's arguable whether you should have been contributing to the costs of running her house.

I don't think that she should be paying for anything that she can't benefit from e.g. a washing machine or television.

Attorneys are not allowed to benefit from the LPA.

 

[SAP]

I’m a bit confused about the role of the financial advisors firm here, do they also have LPA? On what legal grounds can they check out goings from your mother’s account?
Like others have said, if you are replacing things like boilers or roofs then that is in her best interests as eventually I assume the house will need to be sold and it is her property. White goods like a fridge or washing machine don’t count as she will not benefit from them but you will. Was the financial advisor aware that you are still living there? If so what agreements were put in place for rent and bills.
Definitely contact the help line as there are all kinds of complications here that need to be addressed.

 

[Scarlet Lady]

Absolutely agree with @SAP , @Embly8 . This does seem an odd situation and sounds to me like the financial advisors are seeing a business opportunity here, it has nothing to do with your mother‘s best interests. They know that if they can take over as attorneys for your mum they will get paid for doing so. The fact that you seem to have been ‘investigated’ by people who have no right to do so and that your mum has been persuaded to change her LPA when she may not have capacity to do so is completely unethical to say the least.
You should definitely contact the helpline but I would also advise these so called Financial Advisors that you will be reporting them to the Financial Conduct Authority.

 

[Jale]

When mum went into the nursing home my brother who lived with her - he never left home - but he had to become liable for all bills and running costs. Mum still owned the property but the little bit of money she had could not be used for household expenses.

 

[Violet Jane]

@Scarlet Lady, it's the solicitors who have now got the LPA.

As @SAP has said, how is that the financial advisers are able to see your mother's accounts? My husband and I have a financial adviser but she doesn't have access to our bank accounts.

 

[Scarlet Lady]

I appreciate I may have misunderstood, @Violet Jane. Nevertheless, it seems to me that the financial advisors have had undue influence on social services, who in turn have engaged a solicitor ( on whose authority? No idea) who seems to have overturned everything. This whole situation seems very awry, unless of course there is a lot we don’t know.

 

[EieenOM]

Hi
This Sounds so wrong.
I would recommend you deal with the Court of Protection (who give legal LPA out) - to see if they have legally followed the process . They should give you a copy of the reasons why your LPA was cancelled.
Has Your mum had a Capacity assessment - if not a) did she ask you to take over her finances as she was struggling? (because although we have LPA we can’t take over until they say so or lack the capacity to make decisions - the SW team can only do this assessment
b) if she failed a capacity assessment - how can the SW get her permission ?
it takes 3-6 months for SW team - council to apply for deputyship for your mum - until this gets passed then even the solicitors can’t touch her finance affairs. When was this applied for?
do you have Age UK in your area - as they support people with majority of issues.
Hope this helps
Eileen -unfortunately family had dementia so experience of this in life and my 6 years in my job