Can I have Mum‘s bank accounts frozen

Discussion in 'Legal and financial issues' started by Brenda16, Dec 19, 2017.

  1. Brenda16

    Brenda16 Registered User

    Feb 13, 2015
    Not applicable
    I posted earlier regarding my brother transferring thousands of pounds fro, Mum‘s account to his.

    I‘m running out of time before I leave Europe and am trying hard to stop my brother.
    I thought of having Mum‘s bank accounts frozen but am worried that after such a move there can be no more transactions done out of her account. We have to pay her care home fees.
    Does anybody know a) if I can have her account frozen using LPoA and b) if I can instruct the bank to pay the home (I would have to set up a direct debit as the monthly bill goes to my brother‘s address) and I‘ve experienced difficulties before regarding sending correspondence to an address outside of UK.

    As if it‘s not bad enough having my wonderful Mum disappearing before my eyes and then my brother robbing her. I don‘t know what to do. What‘s the best (right thing) to do. At the rate my Mum‘s assets are being stolen I won‘t be able to keep my Mum in the home which is great for more than a couple of years.

    Thank you for any help you can give me
  2. LadyA

    LadyA Registered User

    Oct 19, 2009
    I've just read your other post. I'm not very well up on the legalities, and I'm aware that you love your brother and don't want to get him in trouble. But the fact is that, as you said in your other post, as joint Attorney, you are responsible, and you will be held accountable when (and it is when, and not if) this comes to light. It's not just a matter of stopping him, it's a matter of the considerable sum already removed. Your brother may see it (and forgive me for being brutally blunt) as protecting his inheritence, but the fact is that there is no such thing as an "inheritence" until the person has died. It is your mum's money, and no one has any right to take it, or use it, except for your mum's care or in her best interests, including her financial interests. That is the job of an Attorney. To act, always, in the best interests, including the best financial interests, of the donor.

    I'm sorry, but I don't see you have any options but to inform your mum's solicitor. When your mum's money runs out, and she needs Local Autority funding for her care, they will demand a full accounting of where all the money went, going back for quite a while. Not going to be easy, but best wishes with sorting it out.
  3. Brenda16

    Brenda16 Registered User

    Feb 13, 2015
    Not applicable
    Hi LadyA
    Many thanks for your reply. At the bottom of my heart I know you‘re right and I know what I should do.It‘s making me ill thinking of what will happen to my brother.Living on the other side of the world makes it so difficult.If only I could make my brother see sense for his own good as well as Mum‘s.How can people be so stupid - it all comes our in the end. Sorry for me letting off steam here.
  4. LadyA

    LadyA Registered User

    Oct 19, 2009
    No need to apologise! Your worries are certainly many, and will take time to sort out. And who knows, maybe a stiff letter from the Solicitor, and perhaps even having him removed as joint Attorney will make him see sense.
  5. Chemmy

    Chemmy Registered User

    Nov 7, 2011
    I agree about contacting a solicitor today. Getting your concerns legally documented would seem a wise precaution.
  6. Risa

    Risa Registered User

    Apr 13, 2015
    I've not been in this situation but if someone had access to my Mum's accounts and was helping themselves, I would definitely be contacting the bank to get their access revoked. Can your Mum's bank account be changed to an on-line one so you can keep a constant eye on it?
  7. ossettbob

    ossettbob Registered User

    Jan 26, 2017
    After reading your other post, you have no option but to take action. My wife`s sister is in nursing home & self funding. My wife has POA with her brother but we are dealing with all the financial side. I have spreadsheets for everything & can prove to her brother where every penny is going and I mean down to the last 10p. It is my SIL`s money, not ours !!!. What he is doing is illegal & the longer it goes on, the worse it will get. As said, you will also be held jointly responsible as joint POA so it could cost you lots at the end of the day. You must tell him of your concerns & make him see sense even if you end up falling out over it, You also mentioned him having some of his business payments paid into her account which is avoidance of income or corporation tax plus VAT. HMRC would really come down hard on him & they do carry out inspections of company accounts.
    You must not ignore this !
  8. Tin

    Tin Registered User

    May 18, 2014
    You have to report this, you have no option, as joint POA he has involved you. If a strongly worded letter from a solicitor will make him open his eyes then do it, talk to the bank, see what they can do or report this mismanagement of your mother's affairs and finances to the appropriate legal offices. Or you could leave Europe return to your home and find out in a year or so that your mother's bank account is completely empty and that could be harder for your brother to come back from. If you manage to stop all this now then something can be salvaged, including your relationship with your brother.

    I really hope you can find the courage to get things rolling before you leave. bank holidays approaching and the kind of weird slow down that happens with some offices on the lead up to Christmas. Crossing everything for you, think of your mother all the time, not how you may upset your brother.
  9. pjapril

    pjapril Registered User

    Oct 22, 2017
    Hi don't know if it helps but I rang the public guardian office today for another matter and option 1 from the call list was for reporting suspected misuse of funds or fraud - might be able to help or advise you? They were very helpful on the phone - just a thought

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