Power of attorney and problematic brother

[Rosettastone57]

Just picked up on this & have to say disagree, you are accountable to ”look after” the donors funds & spend them for the person with dementias best interests, keeping records, receipts etc , should there be a point where there is a concern as to how funds have been used, then you have accounts to show expenditure so that there will be no issues if investigations in to deprivation of assets etc are all above board.

I never kept receipts for everyday stuff such as food shopping for my mother in law. I kept a receipt for roof work on her property . My mother in law was self funding and wasn't likely to need local authority funding , apart from the fact that there wasn't anyone else, either family or friends who were remotely interested in what the attorneys were doing or not

 

[canary]

Just picked up on this & have to say disagree, you are accountable to ”look after” the donors funds & spend them for the person with dementias best interests, keeping records, receipts etc , should there be a point where there is a concern as to how funds have been used, then you have accounts to show expenditure so that there will be no issues if investigations in to deprivation of assets etc are all above board.

I think that what @Banjomansmate was talking about was the level of accountability compared with that of deputyship. Certainly, if you have POA you are intended to administer their affairs for their benefit and in their best interest and it is prudent to keep receipts and records of what has been spent and what on. However, if you have deputyship it is mandatory to fill in an annual report for the Office of Public Guardians and, in order to fill it in at the detail required, you really do have to keep all receipts. Deputyship is much, much more stringent than POA.

 

[Muttimuggle]

Firstly, you have my empathy. This very scenario, or similar, could potentially happen to me in the future - a brother I don't talk to who has recently applied for some kind of joint POA for mother(I am hoping it is Several but no forms have come through yet).
This may be completely irrelevant|(so you can the ignore of course) but I am a Signatory on my mother's bank account. This was something she agreed to - we went into the bank earlier this year. This means I hold a bank card in her name (Her account - but my name on it) with which I can purchase anything she needs.(or I could even, of course, use it for wrong means or myself!!) My brother never even knew I did this and he spends many months out of the country. I am not sure what will happen to this, if anything once we get the joint POA. I am still not even sure how the whole thing works(yet) but I think I understand(?) that when Mum says she wants the financial side of the POA activated she can do this even before she is deemed to lose capacity. If your brother had, by any chance, the same sort of card and bank arrangement as me he could have taken any sums he wanted out with this...but maybe the bank would have told you this?

 

[MartinWL]

To clarify about accountability, an attorney under a LPA is in theory accountable to the Office of the Public Guardian. In theory. The reality is that the OPG carry out no supervision at all unless they receive s complaint and even then they only really pursue serious cases. I have never had a single question from them. It would be quite easy to abuse the situation were I not the exemplary upstanding citizen that I am!!!!

 

[Madspaceangel]

Firstly, you have my empathy. This very scenario, or similar, could potentially happen to me in the future - a brother I don't talk to who has recently applied for some kind of joint POA for mother(I am hoping it is Several but no forms have come through yet).
This may be completely irrelevant|(so you can the ignore of course) but I am a Signatory on my mother's bank account. This was something she agreed to - we went into the bank earlier this year. This means I hold a bank card in her name (Her account - but my name on it) with which I can purchase anything she needs.(or I could even, of course, use it for wrong means or myself!!) My brother never even knew I did this and he spends many months out of the country. I am not sure what will happen to this, if anything once we get the joint POA. I am still not even sure how the whole thing works(yet) but I think I understand(?) that when Mum says she wants the financial side of the POA activated she can do this even before she is deemed to lose capacity. If your brother had, by any chance, the same sort of card and bank arrangement as me he could have taken any sums he wanted out with this...but maybe the bank would have told you this?

No My brother was using my mothers bank card and PIN totally illegal . Unlike yourself. How ever since she has lots of toiletries (that I supplied) the police cant find any criminality. Hes still skimming money out every month and wont account for it. He is accountable. He has shot himself in the foot this week. Ive been down to the house to find a letter from the state pension. Mum has asked for her payments to be changed. I phoned them and no one has registered POA so they said must have been mum. Had to point out she cant phone or email or send a letter as she is incapacitated and has no access to a computer or phone. Gave them a right fleg ! So Ive sent POA to them to register. I suspect hes moving all her pensions over to his joint account so I cant see him using them. Hopefully hear back in the next couple of weeks. If so will be getting in touch with the office of the legal guardian. He needs booted out of the bank accounts.
Muttimuggle if your brother is as bad as mine keep your mum safe by registering POA with everything she has coming in and out.
I am ashamed to be related to him he is a lying thieving nasty piece of work. It just breaks my heart
Haven't even brought up the topic of the house going on the market yet. He will go ballistic and clype to his "Mither" making me out to be all that's bad Sorry for the rant guys Just hope it can help someone else x

 

[Muttimuggle]

No My brother was using my mothers bank card and PIN totally illegal . Unlike yourself. How ever since she has lots of toiletries (that I supplied) the police cant find any criminality. Hes still skimming money out every month and wont account for it. He is accountable. He has shot himself in the foot this week. Ive been down to the house to find a letter from the state pension. Mum has asked for her payments to be changed. I phoned them and no one has registered POA so they said must have been mum. Had to point out she cant phone or email or send a letter as she is incapacitated and has no access to a computer or phone. Gave them a right fleg ! So Ive sent POA to them to register. I suspect hes moving all her pensions over to his joint account so I cant see him using them. Hopefully hear back in the next couple of weeks. If so will be getting in touch with the office of the legal guardian. He needs booted out of the bank accounts.
Muttimuggle if your brother is as bad as mine keep your mum safe by registering POA with everything she has coming in and out.
I am ashamed to be related to him he is a lying thieving nasty piece of work. It just breaks my heart
Haven't even brought up the topic of the house going on the market yet. He will go ballistic and clype to his "Mither" making me out to be all that's bad Sorry for the rant guys Just hope it can help someone else x

He sounds a nightmare. At least I have some respite while mine is away for 3 months....so only(!) my mother's problems to deal with.