Family members stealing from father

vaana

Registered User
Jan 1, 2020
60
0
Could this actually cause a bigger problem? If he ever gets to the stage of needing a financial assessment for the payment of care fees could that not be seen as giving money to other people to avoid paying care costs? I know it's a little bit at a time rather than a lump sum, but I believe (and I'm not expert) that if you are going to give money to relatives, there is a time scale during which that money would be taken into account in an assessment (but then maybe I'm talking rubbish)
Crikey.... this is a very important point that we haven't thought of! He is due to have a financial assessment as he is moving into assisted housing which is quite expensive. This might be a real sticking point ?
 

vaana

Registered User
Jan 1, 2020
60
0
Crikey.... this is a very important point that we haven't thought of! He is due to have a financial assessment as he is moving into assisted housing which is quite expensive. This might be a real sticking point ?
Hmmm, after thinking about this, as he doesn't have any savings, he cant be seen to be giving savings away to obtain financial assistance..... I hope! We have already made his social worker and the police aware a few months ago. It just seems as if no one can stop a vulnerable adult being financially abused, just because he gives willingly if asked, even though he cant afford it. Seemingly, because he can get himself up, get dressed and make his meals, he is deemed to have capacity!
 

lollyc

Registered User
Sep 9, 2020
947
0
Could this actually cause a bigger problem? If he ever gets to the stage of needing a financial assessment for the payment of care fees could that not be seen as giving money to other people to avoid paying care costs? I know it's a little bit at a time rather than a lump sum, but I believe (and I'm not expert) that if you are going to give money to relatives, there is a time scale during which that money would be taken into account in an assessment (but then maybe I'm talking rubbish)
I wondered that to. Striclty speaking wouldn't it be seen as deprivation of assets?
With regard to access to his accounts: Mum's banks have always accepted her cheques and her card transactions, as well as those from myself and my sister from our cheque books / cards. We've never been asked to provide proof that she has lost capacity.
 

northumbrian_k

Volunteer Host
Mar 2, 2017
4,415
0
Newcastle
I was not asked to provide evidence that my wife had lost capacity when I registered LPA with her bank (the one with the dark equine). I did take a file full of paperwork but other than taking a photocopy of the LPA document it wasn't looked at. I had been managing my wife's finances for some time as she was no longer capable.

Hence it did not matter that her bank card and cheque book were stopped and a new card issued in my name. Telephone and internet banking was also changed to be accessible by me as Attorney, not my wife. She did not notice.

When it gets to that point @vaana it will be much easier for you to keep on top of your father's financial affairs. At the moment I am guessing that any suggestion that he shouldn't manage his own affairs would not be welcomed and could be a source of stress and frustration. A situation where he was denied access to his own money when visiting his usual bank could be very distressing and disruptive.

But I think that you do need to try to get him to agree to you helping out with his finances. You might then be able to ensure that his available balance is kept low enough to prevent him just giving cash away.
 

vaana

Registered User
Jan 1, 2020
60
0
T
I was not asked to provide evidence that my wife had lost capacity when I registered LPA with her bank (the one with the dark equine). I did take a file full of paperwork but other than taking a photocopy of the LPA document it wasn't looked at. I had been managing my wife's finances for some time as she was no longer capable.

Hence it did not matter that her bank card and cheque book were stopped and a new card issued in my name. Telephone and internet banking was also changed to be accessible by me as Attorney, not my wife. She did not notice.

When it gets to that point @vaana it will be much easier for you to keep on top of your father's financial affairs. At the moment I am guessing that any suggestion that he shouldn't manage his own affairs would not be welcomed and could be a source of stress and frustration. A situation where he was denied access to his own money when visiting his usual bank could be very distressing and disruptive.

But I think that you do need to try to get him to agree to you helping out with his finances. You might then be able to ensure that his available balance is kept low enough to prevent him just giving cash away.
Thank you for your comments. You're so right in that he's not quite bad enough to take away his financial access.... that would be very distressing. However, I think now that he's moving to assisted care, it might be an "acceptable" way of taking over his new rent payments and the majority of his money, as if its the norm at the new place. Then give him a small amount of money each week for independence, but not enough so he can be giving it away. Thank you for suggesting this as a way forward
 

Veritas

Registered User
Jun 15, 2020
315
0
I'd remove the mobile banking app!

If they get POA they wont be able to do anything until he loses capasity- I'd doubt someone thatcan use a banking app cant be deemed to have done so
That isn't the case with the Financial Affairs LPA - the OP's uncle can authorise them to act on his behalf so he doesn't have to lose capacity entirely before it can be activated. The Health and Welfare LPA does require the donor to have lost capacity before it can be used.
 

MaNaAk

Registered User
Jun 19, 2016
11,748
0
Essex
That isn't the case with the Financial Affairs LPA - the OP's uncle can authorise them to act on his behalf so he doesn't have to lose capacity entirely before it can be activated. The Health and Welfare LPA does require the donor to have lost capacity before it can be used.
Yes this is what I did with dad he could still draw money from his accounts but I was literally in charge of them and also letters from the banks would be addressed to me as well as dad. One bank only addressed them to me which was confusing as I also had an account there.

MaNaAk