Financial Abuse Nightmare

[poppy2018]

Wondering if anyone can advise, my husbands mum was diagnosed with lewy body demetia in 2015, in January 2014 My husands sister got there mum to sign to register a LPA giving her LPA with my husband being named as replacement.

My husbands mum was admitted to a care home in August 2015 where she still resides, and as with most patients with Dementia was fully comprehensive some days and other days not so much.From the day she was put into care she has not been asked or indeed been involved in any of her affairs due to the LPA feeling that a person with Dementia was unable to speak for themself or offer opinions.

My husbands mums house was sold without any consultation with his mum and the funds from the sale of the house where put into an account solely in the LPA's name along with his mum's DWP pension and private pension from his late father. This is against the law as LPA and Donor accounts are supposed to be seperate.

We found out in 2016 from my husbands brother-in-law that the LPA (my husbands sister) had been alcohol dependant for several years and that during that time she had applied for credit cards to fund her drinking habit, after speaking to her she advised my husband that she was seeking help, my husband took her at her word.

My husband was informed that his mums house was being sold to help pay for her care in 2016 which was against his mothes wishes and also during that time my husbands mum was admitted to hospital but the home had trouble getting hold of his sister and advised himm they were having to constantly request payments for his mums only luxury which was havingher hair done every week,this set alarm bells given what my husands brother-in-law had informed him in regards to my husbands sister having a drink problem.

My husband contacted OPG for advice and to report abuse of a vulnerable adult after meeting with his brother-in-law to find out what was happening and his brother-in-law then denying his previous admission of my husbands sister being an alcoholic along with be panic stricken when my husband advised him to show his mum her bank statements which were being kept from her so his mum was not being kept informed of her finances and her wishes were not taken into consideration.

Despite advising OPG of this he was advised by them to get his mum to do a deed of revocation and hand LPA to him, my husband spoke to the home as he did not want to appear to be seen as coersing his mum he spoke to the sister in charge at the home and she felt his mum was capable of making a decision. Deed of revocution was done and the sister of the home signed as witness.

An officer of the OPG went to question my husbands mum with regards to this unfortunatley my husbands sister and her husband had also been to see his mum that morning and took a bank statement, the first bank statement she had seen in a year of her being there and persuaded her that her finances were being run correctly so by the time the Officer of the OPG arrived she was convinced that her daughter was suitable to be left in control even though her home had been sold something that to this day she is unaware of as it would break her heart.

My husband was informed by OPG he would need evidence of his sister be incapable of running his mums affairs, unfortunatley due to data protection he was unable to gain evidence from the police in regards to incidents including his sister being found intoxicated near her home or the threats of self harm so nothing could be done up until a few weeks ago when his sister called me to say she did not want to be in charge of his mums affairs and was going to cut her throat. I immediatley called the police who took her to the station and had her hospitalised after being assesed.

My husbands sister finally signed over LPA to my husband two weeks ago after my husband obtained evidence of financial abuse and informed the Safeguarding team, poice and OPG who have confirmed that as replacement in the original LPA he now as authority to deal wit his mums affairs via a written letter which the bank will not accept and OPG have stated that that is the only letter they will be sending.

To add to the frustration It appears now that my husbands sisters husband has all of the documents relating to his mums finances which include bank statements, policy numbers, will etc which my husband needs to contact DWP, Private pension etc in order to have them pay his mams money back into her account where it should have been all along which he is refusing to hand over and on top of that my husbands sister has £30.000 of his mums money in a bank account soley in her name with his mums benefits and private pension still being paid into, money that has been used for his sisters addiction along with paying herself and family £500 for xmas for the four of them when mum usually gave everyone £30 each for xmas.

Meanwhile her mum was rushed into hospital and had no underwear on due to not having possessing any, she has never had anything bought for her in regards to clothing or been given any pocket money in the 2 and a half years she has been in the home apart from what we have bought for her. My husband is full of despair as he is being pased from pillar to post, OPG state that despite him reporting abuse of a vulnerable person as soon as he was giving LPA they no longer have a duty to look into the fraud.

The safeguardiing team have advised him to inform the police which has been done and a crime number given but his does not help in getting his mums money transferred back into her own account which means her care is not being paid for, any help or advice would be gratefully excepted, we do not have the funds for a solicitor and our only concern is that my husbands mum is cared for especially as it has now been discovered she has a brain tumour and may not have long left. It is about time the government stepped in with regards to LPA's being registered and monitored correctly as it seems more and more vulnerable adults are at risk of this type of abuse.

 

[Pete R]

Hi Poppy2018 and welcome to TP,

I understand your frustration at the "authorities" not being as involved as you feel appropriate but maybe you need to concentrate on getting the things sorted you can do immediately that may prevent any further loss.

Now that your husband has LPA he has to register it with all government departments and banks, set up new account in your MiL's name and get monies paid into those accounts.

He will then be able to look back at all her old accounts and maybe see where the money has gone, find out who the private pension provider is and therefore the need for you to get all the old paperwork, although helpful, becomes less important.

 

[Shedrech]

hello @poppy2018
welcome to TP
thank goodness your husband now does have the legal authority to deal with his mother's finances
you say

OPG who have confirmed that as replacement in the original LPA he now as authority to deal wit his mums affairs via a written letter which the bank will not accept and OPG have stated that that is the only letter they will be sending.

do go back to the bank and insist on having an appointment with the most senior manager available - often the customer supervisors are not as clear on LPAs as they could be - take in all documentation you have and insist that the letter from the OPG is the legal document required to give your husband full authority to solely deal with his mother's finances - make sure he takes in some ID, eg passport/driving licence and a couple of utility bills, to prove who he is, plus a letter to prove his mum lives in the care home
I wouldn't at this point discuss any concerns you have had about your husband's sister's management of his mum's financial affairs - leave any of that for later - and if you do it, do it in the spirit of very much appreciating the co-operation of the bank
your husband can also contact the DWP to become his mum's appointee
https://www.gov.uk/become-appointee-for-someone-claiming-benefits

 

[Cavanarra bruce]

Wondering if anyone can advise, my husbands mum was diagnosed with lewy body demetia in 2015, in January 2014 My husands sister got there mum to sign to register a LPA giving her LPA with my husband being named as replacement.

My husbands mum was admitted to a care home in August 2015 where she still resides, and as with most patients with Dementia was fully comprehensive some days and other days not so much.From the day she was put into care she has not been asked or indeed been involved in any of her affairs due to the LPA feeling that a person with Dementia was unable to speak for themself or offer opinions.

My husbands mums house was sold without any consultation with his mum and the funds from the sale of the house where put into an account solely in the LPA's name along with his mum's DWP pension and private pension from his late father. This is against the law as LPA and Donor accounts are supposed to be seperate.

We found out in 2016 from my husbands brother-in-law that the LPA (my husbands sister) had been alcohol dependant for several years and that during that time she had applied for credit cards to fund her drinking habit, after speaking to her she advised my husband that she was seeking help, my husband took her at her word.

My husband was informed that his mums house was being sold to help pay for her care in 2016 which was against his mothes wishes and also during that time my husbands mum was admitted to hospital but the home had trouble getting hold of his sister and advised himm they were having to constantly request payments for his mums only luxury which was havingher hair done every week,this set alarm bells given what my husands brother-in-law had informed him in regards to my husbands sister having a drink problem.

My husband contacted OPG for advice and to report abuse of a vulnerable adult after meeting with his brother-in-law to find out what was happening and his brother-in-law then denying his previous admission of my husbands sister being an alcoholic along with be panic stricken when my husband advised him to show his mum her bank statements which were being kept from her so his mum was not being kept informed of her finances and her wishes were not taken into consideration.

Despite advising OPG of this he was advised by them to get his mum to do a deed of revocation and hand LPA to him, my husband spoke to the home as he did not want to appear to be seen as coersing his mum he spoke to the sister in charge at the home and she felt his mum was capable of making a decision. Deed of revocution was done and the sister of the home signed as witness.

An officer of the OPG went to question my husbands mum with regards to this unfortunatley my husbands sister and her husband had also been to see his mum that morning and took a bank statement, the first bank statement she had seen in a year of her being there and persuaded her that her finances were being run correctly so by the time the Officer of the OPG arrived she was convinced that her daughter was suitable to be left in control even though her home had been sold something that to this day she is unaware of as it would break her heart.

My husband was informed by OPG he would need evidence of his sister be incapable of running his mums affairs, unfortunatley due to data protection he was unable to gain evidence from the police in regards to incidents including his sister being found intoxicated near her home or the threats of self harm so nothing could be done up until a few weeks ago when his sister called me to say she did not want to be in charge of his mums affairs and was going to cut her throat. I immediatley called the police who took her to the station and had her hospitalised after being assesed.

My husbands sister finally signed over LPA to my husband two weeks ago after my husband obtained evidence of financial abuse and informed the Safeguarding team, poice and OPG who have confirmed that as replacement in the original LPA he now as authority to deal wit his mums affairs via a written letter which the bank will not accept and OPG have stated that that is the only letter they will be sending.

To add to the frustration It appears now that my husbands sisters husband has all of the documents relating to his mums finances which include bank statements, policy numbers, will etc which my husband needs to contact DWP, Private pension etc in order to have them pay his mams money back into her account where it should have been all along which he is refusing to hand over and on top of that my husbands sister has £30.000 of his mums money in a bank account soley in her name with his mums benefits and private pension still being paid into, money that has been used for his sisters addiction along with paying herself and family £500 for xmas for the four of them when mum usually gave everyone £30 each for xmas.

Meanwhile her mum was rushed into hospital and had no underwear on due to not having possessing any, she has never had anything bought for her in regards to clothing or been given any pocket money in the 2 and a half years she has been in the home apart from what we have bought for her. My husband is full of despair as he is being pased from pillar to post, OPG state that despite him reporting abuse of a vulnerable person as soon as he was giving LPA they no longer have a duty to look into the fraud.

The safeguardiing team have advised him to inform the police which has been done and a crime number given but his does not help in getting his mums money transferred back into her own account which means her care is not being paid for, any help or advice would be gratefully excepted, we do not have the funds for a solicitor and our only concern is that my husbands mum is cared for especially as it has now been discovered she has a brain tumour and may not have long left. It is about time the government stepped in with regards to LPA's being registered and monitored correctly as it seems more and more vulnerable adults are at risk of this type of abuse.

I have been in almost the same situation as you. My sister took out an LPA behind my back and immediately began withdrawing large amounts of money for upgrades to her own house and gifts to her own children. Any Xmas/ Mother’s Day presents etc were paid for out of my own mothers account. Although the account was joint with my father and she couldn’t be bothered to take out an LPA for my father she continues to withdraw money! We contacted police who would not investigate unless they could be guaranteed 100% chance of conviction and the bank will only investigate once we get a deputy ship for my father! We have taken on a solicitor to help and applied for a deputy ship which to date has taken over 8 months and £2000. The Opg investigated but did nothing. I totally agree that no one should be allowed to take out a LPA with no follow up checks. How can £60000 be taken with no reprisals. I am beyond hurt and disgusted

 

[SnowWhite]

I have been in almost the same situation as you. My sister took out an LPA behind my back and immediately began withdrawing large amounts of money for upgrades to her own house and gifts to her own children. Any Xmas/ Mother’s Day presents etc were paid for out of my own mothers account. Although the account was joint with my father and she couldn’t be bothered to take out an LPA for my father she continues to withdraw money! We contacted police who would not investigate unless they could be guaranteed 100% chance of conviction and the bank will only investigate once we get a deputy ship for my father! We have taken on a solicitor to help and applied for a deputy ship which to date has taken over 8 months and £2000. The Opg investigated but did nothing. I totally agree that no one should be allowed to take out a LPA with no follow up checks. How can £60000 be taken with no reprisals. I am beyond hurt and disgusted

It just leaves you feeling helpless when you know something wrong has been done but nobody can help. My brother stole approx £8000 in cash from my Mums house, items left to me in her will and the Police wont do a thing. They went to his house at my insistence and said “he slammed the door in my face so there's nothing we can do. We cant MAKE him return anything.” Its so unfair to think that he has got away with it. Social services could do nothing either because Mum said she felt sure he would return the stuff. Over a year down the line and he still has it all.

 

[Cavanarra bruce]

I thought my father having late stage dementia was enough to bear but finding out fraud/theft has taken place is way too much for me. Social Services won’t even speak to me. Police are pathetic and Opg useless. Like you I’ve had a year to rerun everything over and over

 

[SnowWhite]

I thought my father having late stage dementia was enough to bear but finding out fraud/theft has taken place is way too much for me. Social Services won’t even speak to me. Police are pathetic and Opg useless. Like you I’ve had a year to rerun everything over and over

Cavanarra bruce - I try not to think about it now but its just totally wrong whichever way I look at it. a friend suggested that when poor Mum does die I should insist that he return her money before her will is settled and he gets his inheritance. He must be laughing to think that the police and social services cant or wont do a thing about it.

 

[concerned4]

There are two old adages that resonate with me in this thread as it is such a common occurrence yet those in a position to challenge are reluctant to do so," you can pick your friends but not your family", along with "money is the root of all evil", sadly these cases are on the increase, agree the OPG are not following up as they should, but you have the option to complain to the Ombudsman, the Police granted their resources are stretched but as it seems the option is always taken to prosecute easy targets to make the numbers up. We are currently considering raising a civil action but as we have spent the last 6 years trying to bring the perpetrators to book it is taking its toll financially,

 

[Belle2]

I have been in almost the same situation as you. My sister took out an LPA behind my back and immediately began withdrawing large amounts of money for upgrades to her own house and gifts to her own children. Any Xmas/ Mother’s Day presents etc were paid for out of my own mothers account. Although the account was joint with my father and she couldn’t be bothered to take out an LPA for my father she continues to withdraw money! We contacted police who would not investigate unless they could be guaranteed 100% chance of conviction and the bank will only investigate once we get a deputy ship for my father! We have taken on a solicitor to help and applied for a deputy ship which to date has taken over 8 months and £2000. The Opg investigated but did nothing. I totally agree that no one should be allowed to take out a LPA with no follow up checks. How can £60000 be taken with no reprisals. I am beyond hurt and disgusted

 

[Belle2]

You are not alone. Unfortunately it seems to be a common occurance with vulnerable people being exploited, but it seems theres nothing in place to stop it. The banks are the worst. I was told its not fraud because the person accessing his money is known to him. It is a family dispute and they won't get involved. I share your feelings of hurt and disgust. Authorities have made me feel I'm in the wrong for bringing it up. I'm trying to think money doesn't make you happy and get on with my life. Good luck to you.

 

[poppy2018]

Just to update mum sadly passed away on 17th Feb, less than 24hrs later we were sat in the police station having obtained statements from my sister in law (only because she was drunk and unwittingly gave them to my husband) showing that she had opened a bank account in her own name just after she had sold mums house and the solicitors dealing with the sale had fast tracked £49,000 into the account as well as this she had all mums payments re-directed into her own account and has been using the money to pay for Amazon Prime, £100 out here and there and online purchases. At last the evidence we were told we would need, a light at the end of the tunnel, or so we thought, but no the police wanted us to take my sister-in-law to the bank and obtain a year and a half worth of statements for her account and get in touch with her estranged husband to return mums own bank account statements, though why he took them we will never know.
Angry is not a strong enough word to describe how my husband and I feel, as well as organising a funeral we are expected to do the work of the police and get more evidence.
We buried mum last week on 6th March her daughter did not even attend which I think is disgraceful having never had a mum my mum-in-law was the mum I always wished for growing up and for her own daughter to treat her in this way is appalling.
We havent even had time to greive cause our lives are taken up trying to get justice for mum, I really feel that now she has gone no-one cares and it does not matter, fighting on in her memory is keeping us going and I will be damned if I am going to give up this fight on her behalf.
Just found out that in the three years mum was in the care home she was given £860 pocket money that equates to £6 per week yet she was entitled to £25 a week, and hey ho found a copy of the original LPA signed in Dec 2014 that was supposed to be joint along with another one signed in Jan 2015 just naming sister-in-law as LPA having spoken to OPG they confirm they had received the joint application but a typed letter was sent 2 wks later asking them to dis-regard it, interesting as we wrote all of mums xmas cards out for her, yet there insisting she must have typed the letter on her computer, mum could not use a mobile phone let alone a computer neither did she have one so its looking like its been planned all along, which we suspected anyway due to my sister-in-law only moving back to the area in 2013, previous to this mum was lucky if she saw her more than 2 or 3 times a year.
Anyway like I said I will not rest untill justice is done, will keep you updated.

 

[concerned4]

Just to update mum sadly passed away on 17th Feb, less than 24hrs later we were sat in the police station having obtained statements from my sister in law (only because she was drunk and unwittingly gave them to my husband) showing that she had opened a bank account in her own name just after she had sold mums house and the solicitors dealing with the sale had fast tracked £49,000 into the account as well as this she had all mums payments re-directed into her own account and has been using the money to pay for Amazon Prime, £100 out here and there and online purchases. At last the evidence we were told we would need, a light at the end of the tunnel, or so we thought, but no the police wanted us to take my sister-in-law to the bank and obtain a year and a half worth of statements for her account and get in touch with her estranged husband to return mums own bank account statements, though why he took them we will never know.
Angry is not a strong enough word to describe how my husband and I feel, as well as organising a funeral we are expected to do the work of the police and get more evidence.
We buried mum last week on 6th March her daughter did not even attend which I think is disgraceful having never had a mum my mum-in-law was the mum I always wished for growing up and for her own daughter to treat her in this way is appalling.
We havent even had time to greive cause our lives are taken up trying to get justice for mum, I really feel that now she has gone no-one cares and it does not matter, fighting on in her memory is keeping us going and I will be damned if I am going to give up this fight on her behalf.
Just found out that in the three years mum was in the care home she was given £860 pocket money that equates to £6 per week yet she was entitled to £25 a week, and hey ho found a copy of the original LPA signed in Dec 2014 that was supposed to be joint along with another one signed in Jan 2015 just naming sister-in-law as LPA having spoken to OPG they confirm they had received the joint application but a typed letter was sent 2 wks later asking them to dis-regard it, interesting as we wrote all of mums xmas cards out for her, yet there insisting she must have typed the letter on her computer, mum could not use a mobile phone let alone a computer neither did she have one so its looking like its been planned all along, which we suspected anyway due to my sister-in-law only moving back to the area in 2013, previous to this mum was lucky if she saw her more than 2 or 3 times a year.
Anyway like I said I will not rest untill justice is done, will keep you updated.

First of all offer condolences for your loss Poppy 2018.

As I have stated in several threads the Police are worse than useless in this situation as they look to get other people to do what in essence is their job, investigating a complaint, not asking you to get evidence which is freely available to them but will have some cost to get statements, what is becoming more prevalent which is clear in the amount of threads that have raised concerns. What I can say as have said on other threads is watch what you do if you decide to go down the legal route & engage a solicitor to take your case up, we have spent a considerable amount & to be honest looking back only good thing to come out of this was dad was removed from his home & taken in to care. I had POA removed as my sibling convinced dad that I was not acting in his best interests.I applaud your comment "I will not rest until justice is done" but you need to look out for yourself, all the best for the future.