Discussion
Background
2 people have Lasting Power of Attorney for my auntie age 95. One is her (adopted) son (my cousin) the other her niece (my sister).
Son, who lives round the corner from her deals with everything because a- he lives round the corner and b- he's her son.
Son, who works full time delegates day to day stuff to his wife who doesn't work as she has time to do it.
Turns out that Son's wife has been taking money from aunties account - lots of money, certainly 4 figures, maybe 5
. Police, social worker etc involved.
My sister has taken on the responsibility of everything for auntie and is discussing it all with the other cousins so that everyone knows what's happening and is in agreement. All cousins are helping in various ways and are all OK with what's being done.
Son will be removed from LPA once the machinations of police, LPA office , whatever they're called, happen.
Question
Will my sister be removed from LPA as she was jointly in control and so considered jointly liable or be allowed to continue as she wasn't involved in the fraud and it's less hassle for the Office of LPA-ing to let someone do it rather than them having to take it on?
Tx
2 people have Lasting Power of Attorney for my auntie age 95. One is her (adopted) son (my cousin) the other her niece (my sister).
Son, who lives round the corner from her deals with everything because a- he lives round the corner and b- he's her son.
Son, who works full time delegates day to day stuff to his wife who doesn't work as she has time to do it.
Turns out that Son's wife has been taking money from aunties account - lots of money, certainly 4 figures, maybe 5
. Police, social worker etc involved.My sister has taken on the responsibility of everything for auntie and is discussing it all with the other cousins so that everyone knows what's happening and is in agreement. All cousins are helping in various ways and are all OK with what's being done.
Son will be removed from LPA once the machinations of police, LPA office , whatever they're called, happen.
Question
Will my sister be removed from LPA as she was jointly in control and so considered jointly liable or be allowed to continue as she wasn't involved in the fraud and it's less hassle for the Office of LPA-ing to let someone do it rather than them having to take it on?
Tx
Absent any plain indication of actual or Nelsonian* knowledge of the wrongdoing, or evident negligence in failing to spot signs of dishonesty, your sister is not liable for the dishonesty of the son's wife (I hope that the wife rots in jail, BTW). Your sister can probably continue as attorney. I am sorry to hear of this trouble. Money is such cankerous stuff.
* Constructive knowledge. Failing to see what should reasonably have been seen. Named for Nelson at Copenhagen with his telescope to his blind eye so as not to see his CO's signal. Possibly apocryphal.
* Constructive knowledge. Failing to see what should reasonably have been seen. Named for Nelson at Copenhagen with his telescope to his blind eye so as not to see his CO's signal. Possibly apocryphal.
john2443 said:
Son will be removed from LPA once the machinations of police, LPA office , whatever they're called, happen.
Office of the Public Guardian.john2443 said:
Auntie (who has dementure) and her son both said they didn't want to press charges but my sister has told the police that she does which isn't the best thing for family relationships but none of the rest of us cousins see why she should get away with it!
Well who'd a thought it?If Auntie has dementia (sp) which is at the stage where a LPA is in place I suspect that her 'opinion' on this matter is not her own. Looks like the son is desperate to shield his wife from the fall out of what she has done.
Stealing from a vulnerable individual is utterly despicable. I'm with BV, she needs a spell in one of Her Majesty's guest houses. As for the son delegating his PoA responsibilities, then he's an idiot. It's similar to being an executor, If you don't want to act then don't take it on in the first place.
The real question here is did he never make any checks as to what was going on, did he suspect something was amiss but dismissed the thought as fantastical, or did he actually know what his wife was up to?
OP, which LPA was in place, health and welfare. financial and property, or both?
Red Devil said:
Well who'd a thought it?
If Auntie has dementia (sp) which is at the stage where a LPA is in place I suspect that her 'opinion' on this matter is not her own. Looks like the son is desperate to shield his wife from the fall out of what she has done.
If Auntie has dementia (sp) which is at the stage where a LPA is in place I suspect that her 'opinion' on this matter is not her own. Looks like the son is desperate to shield his wife from the fall out of what she has done.
Red Devil said:
Stealing from a vulnerable individual is utterly despicable. I'm with BV, she needs a spell in one of Her Majesty's guest houses. As for the son delegating his PoA responsibilities, then he's an idiot. It's similar to being an executor, If you don't want to act then don't take it on in the first place.
The real question here is did he never make any checks as to what was going on, did he suspect something was amiss but dismissed the thought as fantastical, or did he actually know what his wife was up to?
I'd have to write an essay to answer all that, there are other complications that I won't go into!The real question here is did he never make any checks as to what was going on, did he suspect something was amiss but dismissed the thought as fantastical, or did he actually know what his wife was up to?
Did he know? We think probably not, but she wears the trousers so if he did suspect, he probably accepted what she told him.
Red Devil said:
OP, which LPA was in place, health and welfare. financial and property, or both?
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