Court of Protection

[ostell]

My wife and her sister are concerned about the welfare of an elderly ( 91 years) aunt of theirs. Her husband died last year and she is still living in home, albeit with carers attending in 15 minute slots and a useless lot of social workers who can't see problems until my wife tells them about it.

Anyway, her only son has power of attorney for finance and property. Over the last year he has been emptying the house as though he was doing a house clearance. All his mother's photos and knick knacks to remind her of the past have gone. He seems to have suddenly taken to having multiple holidays abroad and a life style not quite in keeping with his employment. The nieces suspect that as he has power of attorney he is using his mother's funds to supplement his income, not an unusual occurrence as he used to do it regularly even before obtaining power of attorney by borrowing his mothers debit card.

Concern has been raised with the Court of Protection but the only response we get from them is show us some proof like bank statements etc. We can't get through to them that the son has all the paperwork sent to his house and therefore how can we get bank statements to provide to you. We can of course pay £400 to them and they may investigate. £400 we ain't got. Anyway out of this impasse.

[leclerc]

Re: Court of Protection

I think you can challenge the Lasting Power of Attorney based on the fact that the attorney is not acting in the best interests of the donor.

https://www.gov.uk/power-of-attorney...er-of-attorney

I have to say that this is outside of the scope of my knowledge but I've searched for a few bits and pieces on tinterweb. You've kinda done my first step, ie report to the Court of Protection office....

Are there any other power of attorney's on the LPOA?(Lasting POA)

[MissFM]

Re: Court of Protection

What a terrible worry, Ostell.

http://www.elderabuse.org.uk/Mainpag.../services.html

May be of some help?

[ostell]

Re: Court of Protection

I think you can challenge the Lasting Power of Attorney based on the fact that the attorney is not acting in the best interests of the donor.

https://www.gov.uk/power-of-attorney...er-of-attorney

I have to say that this is outside of the scope of my knowledge but I've searched for a few bits and pieces on tinterweb. You've kinda done my first step, ie report to the Court of Protection office....

Are there any other power of attorney's on the LPOA?(Lasting POA)

We have done everything we can find to try to get this issue resolved but keep hitting a brick wall. It is very frustrating and upsetting. The son just can't wait to get her hands on his inheritance. He even told my wife and her sister that the funeral for their uncle had been double booked by the funeral director and wouldn't be taking place so that the rest of the family didn't turn up (we did though as we found out what was happening). Not that it was much of a funeral, just a grave side service and drop him in, with sufficient space for his mother. Nasty piece of work.

[Amethyst]

Re: Court of Protection

Sorry, not a happy story - http://citywire.co.uk/money/92-year-...torney/a689013

[ostell]

Re: Court of Protection

That's a very interesting article, and sounds very familiar. May use it to jog those people at the court of protection.

The Aunty has nothing in the house apart from basics. Can't even offer visitors a cup of tea or a drink. She sits all day watching TV. We have taken down copies of family photographs to remind her off her past life and her face lights up and she becomes quite animated again. We do leave them for her but when her son next calls he destroys them.

[MissFM]

Re: Court of Protection

Sorry, not a happy story - http://citywire.co.uk/money/92-year-...torney/a689013

Ouch!

Another example of "quis custodiet ipsos custodes" - nobody, it seems. Snouts in troughs at every level - and those paid by the taxpayer to police standards enjoying generous salaries whilst not doing their jobs

Perhaps the actual Police force or HMRC might be a route for Ostell to explore?

[MissFM]

Re: Court of Protection

That's a very interesting article, and sounds very familiar. May use it to jog those people at the court of protection.

The Aunty has nothing in the house apart from basics. Can't even offer visitors a cup of tea or a drink. She sits all day watching TV. We have taken down copies of family photographs to remind her off her past life and her face lights up and she becomes quite animated again. We do leave them for her but when her son next calls he destroys them.

Why would he do that? It seems to benefit no-one.:noidea:

[ostell]

Re: Court of Protection

Why would he do that? It seems to benefit no-one.:noidea:

That's the nasty piece of work he is. Birthday cards etc sent to her just disappear. He even took out the card from the wreath sent by his ex wife for his fathers funeral and tore it up.

[MissFM]

Re: Court of Protection

That's the nasty piece of work he is. Birthday cards etc sent to her just disappear. He even took out the card from the wreath sent by his ex wife for his fathers funeral and tore it up.

It sounds as if the abuse is way beyond financial. In your shoes I would contact "elder abuse" (link above) for urgent advice.

We also found this charity of practical help on a local level:

http://www.ageuk.org.uk/about-us/local-partners/

the more scrutiny and concerned witnesses involved the greater the likelihood that your aunt can be protected.

[ostell]

Re: Court of Protection

It sounds as if the abuse is way beyond financial. In your shoes I would contact "elder abuse" (link above) for urgent advice.

We also found this charity of practical help on a local level:

http://www.ageuk.org.uk/about-us/local-partners/

the more scrutiny and concerned witnesses involved the greater the likelihood that your aunt can be protected.

For the care side of things we have the Care Quality Commission involved so that if the social workers step out of line again they know that a big boot will come swinging down from above. They are well aware that her son does not have power of attorney over her care, though at first they pretended that they did and would not discuss anything with my wife or her sister. That attitude has now changed.

She lives middle of the South coast, her son lives in Wales and we live about an hours drive away. Visit planned for next week

[CYNthesys]

Re: Court of Protection

Have you thought about contacting the Police, because if abuseof the vulnerable is suspected they have a duty to investigate/act

[enquirer]

Re: Court of Protection

We have taken down copies of family photographs to remind her off her past life and her face lights up and she becomes quite animated again. We do leave them for her but when her son next calls he destroys them.

Consider installing covert surveillance - it is unlikely that the abuse stops at simply tearing up photographs.

[enaid]

Re: Court of Protection

The lady may have had a financial assessment done when her care package was being set up. This should be reviewed every 12 months by Social Services, this to determine who pays what and how much towards the care she is receiving. If the lady has had an assessment then Social Services should know how much capital the lady has and on review be able to see if her finances could have been abused.

Perhaps you could also have a discreet word with the carers or the agency they work for, they probably wont discuss details with you personally but if they are made aware there are genuine concerns they should be prepared to note anything they think is untoward and pass this on to their supervisors/ employers.

Think you said the Social Workers were not very helpful, each council should have it's own vulnerable adults team and if you have not done so already I would at the very least get the concerns lodged with them.

[ostell]

Re: Court of Protection

Thanks for all the information and suggestions.

Talking to the carers (15 minutes 3 times a day) wouldn't get anywhere. As the son controls the money they think the sun shines out of his ****. Social services are not a lot better. We do have contact details for the vulnerable adult team but they seem to suffer from the same defects as the rest of ss and defer to the son rather than making decisions and implementing them by themselves, as we know they have authority to do. Anything for an easy life.

We believe the aunt has sufficient capital and income that she doesn't qualify for additional assistance. She will be receiving pension from her husband's employment, which would be a government department and probably index linked, and the house is in a desirable area. My wife believes there is also a lot of savings. Basically the son wants to get his hands on the inheritance early.

Covert recording on site would be impossible. There's nothing left in the place to hide the equipment behind! Would love to after catching out the carers not bothering to attend one morning, no entry in the log book. Excuse was that the carer did not have a pen. And entries that were patently untrue and looked as though they were filled in en masse to cover several alleged earlier visits. Matter has been raised.