Problems with LPA

[Jelbem]

I am having problems with a financial LPA who has sole attorneyship of my mother in law's money. She had an LPA set up before moving back into sheltered accommodation in her home town. Everything was fine at first, until I told the family member LPA that I was coming to visit. A tearful phone call about health issues followed, so I didn't go. Then contact became increasingly sporadic, I emailed and phoned, seldom a response. I then said I would be visiting again. An email to "request" I stayed away. I didn't and my shock at MIL's physical appearance - down 3 dress sizes in around 18 months - minimal carer attendance, disgusting frozen food. I put my concerns in writing to LPA - no response. I then applied for health and welfare deputyship, asked for an capacity assessment from MIL's GP. Firstly the surgery denied my contact, then refused to do the assessment. following advice from Court of Protection, sent the paperwork with explanations of attempts to obtain COP3 assessment - deputyship on hold because no assessment! Following these attempts and the "unauthorised" visit, received a letter written by MIL, but "copied" and not her words, banning me and anyone connected with me from visiting. A recorded phone call to MIL got the response it was "someone's idea." I have online access to one bank account, permission provided by LPA and not rescinded. Access shocked me, over £50,000 spent since October 2015, mostly NOT on MIL. Contacted OPG - blanked as they do not accept online statements! Have now contacted my and MIL's MPs, the local police where I live and where she lives. They will do a welfare check but seem to think that my findings - which would be obvious to anyone - do not constitue enough evidence for a fraud investigation. What now?

 

[Louise7]

I can see from your previous posts that you continued to look after your mother in law as sole carer when your husband passed away in 2008, but she was vile to you -swearing and threatening and even biting you - and refused all medical and other support. When she moved into sheltered accommodation close to her family 400 miles from you in late 2015 your GP was concerned for your physical and mental health and ruled out the possibility of you moving with your mother in law. It's clear that you care for your mother in law very much and did the best you could for her in very difficult circumstances.

It's very hard to get a full picture of what's been going on when you have just been receiving sporadic updates from your mother in laws family and have visited just the once but it will be hard for all concerned if she refuses to accept any support. The authorities will be carrying out a welfare check so if there are problems identified then they will look at ways to resolve these. As for the financial matters, it would be difficult to identify just from a bank statement that this was mostly not spent on your mother in law, or that she did not give her consent to how the money has been spent. You say that you have been told there is not enough evidence for a fraud investigation - despite your findings which would be obvious to anyone else - but I have to say, having spent many years working as a fraud investigator, that I would agree that there is not enough evidence.

It must be very difficult for you to think that your mother in law is not being cared for properly or that her finances are being mis-used but you have alerted the relevant authorities so you have done all that you can. It's a difficult situation but I really think that you need to leave the care of your mother in law to her family to deal with now. Probably not what you wanted to hear but you need to consider your own health here.

 

[Jelbem]

Moving On

Thanks Louise. Things have moved on and the safeguarding has been actioned and the police are investigating. My legal representative - who also drew up the original paperwork for the LPA - is convinced there is a case to answer. Her family - such as they are there - do not care and as a former IR investigator, I can assure you that there is plenty of evidence. I am now letting the legal process run it course, but I have to say that I could not forgive myself if I did not do everything within my powers - limited as they are - to ensure that things were addressed. Having also heard the former head of the Court of Protection and his views, I believe I am right - as do the other members of my mother in law's family. My health will not suffer because of this and my life is moving forward, but I am not an "out of sight, out of mind" former carer so cannot truly let this go unchallenged. "The only thing necessary for the triumph of evil is for good men to do nothing." Thanks for your support.
l