Help with financial abuse and deputyship advice please

[Cally1]

Hello there

Does anyone know if you can make an emergency application to be an elderly parents deputy when they have been the victim of fraud and financial abuse.

I was alerted on Sunday that my father had been taken to hospital in April and then put into a care home and he has dementia and cancer and he doesn’t have capacity.

His neighbour who has a key to his property has taken his cash card and emptied his bank account - she has taken between £12-17,000 which he needs for his care and funeral costs later. She also sold his car but the log book and documents are still in his house and the car is still in his name. We are so shocked and stunned that someone could do this.

We have reported it to the police and bank and changed the locks on the house. The police have advised us to go Power of attorney as soon as possible so that we can deal with all of this. They said that if we don’t act fast she may get away with it. However, we are not able to do POA as he does and has not had capacity since he was in hospital so I think we need to apply to the court of protection for deputyship but this can take 7 months. She has literally emptied his bank account to zero and he has his direct debits coming out. But we are unable to deal with anything.

Does anyone know if we are able to make an emergency application under this situation? Thank you.

 

[Dave63]

Seems strange the police are unwilling to do anything. Surely, if someone has entered a property, removed cash cards, emptied the accounts and sold the car, then a crime has been committed?

 

[SeaSwallow]

Welcome to Talking Point @Cally1 You might find it useful to contact the Alzheimer's Society for advice. Their phone number is 0333 150 3456

Alzheimer's Society

We are the UK’s leading dementia charity, we tackle all aspects of dementia by giving help and hope to people living with dementia today and in the future.

www.alzheimers.org.uk

I also find it strange that the police seem to be unwilling to do anything, have they given a reason.

 

[Jessbow]

How do you know she has?
Have no bank statements come?
If he is a home owner, who or what is paying his home fees?

How can she have sold his car if its still in his name?

 

[canary]

His neighbour who has a key to his property has taken his cash card and emptied his bank account - she has taken between £12-17,000 which he needs for his care and funeral costs later. She also sold his car but the log book and documents are still in his house and the car is still in his name.

Is this something that you have independent evidence of, or is it something that your dad has told you?

I dont want to sound funny about this, but accusations of stealing by someone in mid-stage dementia is so common it is almost diagnostic. Thinking that their neighbours are coming in and stealing things is incredibly common. My mum thought her cleaner was doing this, then it was the neighbours and finally it was me who had stolen all her money and she had nothing left. In reality nothing had been stolen and mum was putting things "away safely" so that the thief wouldnt find it and then forgetting........ I found all sorts of things in really weird places as well as stashes of cash (each several hundreds of pounds) in quite a few different places.

Now, if you have independent evidence, take it to the police. If not and its just your dad saying this then you have to investigate it as there are indeed some toerags around who will take advantage of a vulnerable person, but do bear in mind that it may not actually be true - even though your dad will totally believe it.

Yes, you can ask the Court of Protection for an interim order, but you have to apply for deputyship first. Have you done so? I would look around the house as you may find the missing bank card there. You may also find bank statements which may give you some idea of what is going on. We are coming up to to the beginning of the next month and your dad will probably be getting an up to date bank statement then. Take all important documents home with you, just in case.