Enduring Power of Attorney (possibly) revoked & we're in a pickle!

[Openlaw15]

Re: Enduring Power of Attorney (possibly) revoked & we're in a pickle!

Hello! Well, this case initially sounded incredibly boring but has now become slightly more interesting to read about: a fortnight ago my poor husband was arrested for fraudulently using a (supposedly) revoked Power of Attorney and for selling FIL's flat fraudulently at below the incorrectly assumed market rate.

After being rudely awoken early in the morning by 6 police officers crowding into the bedroom and then whisked off to the nearest custody centre (an hour away) by speeding police, he was detained for a whole day whilst not being offered anything to eat. He returned home at 4.30pm feeling physically ill and, as you can imagine, in a state of extreme agitation.

We couldn't believe some of things the police seized. The warrant specified the removal of evidence relating to the sale of FIL's flat but the police took various cheques from the DWP in my husband's name, his passport and his O-level, A-level and degree certificates, along with other irrelevant paperwork! They also took his work-issued computer and blackberry, which means he'll almost certainly lose his job. However, the police managed to leave behind important paperwork regarding the sale of FIL's flat.

Throughout questioning at the police station, it became apparent that FIL's previous solicitor (the one who has been so difficult and seemingly negligent) alleged that my husband had sold FIL's flat illegally, because the Enduring Power of Attorney in my husband's favour had been revoked (which we were unaware of - see previous posts). The police were also trying to ascertain any links between my husband and the person who eventually purchased the flat. The flat had been on the market for nearly a year as it wasn't selling because it was in such a horrendous state and there was so little interest that the asking price had been reduced after a few months. My husband said it was clear that the questioning officer saw that he was wasting his time as there seemed to be no grounds for the charges at all.

I really can't work out why my husband was arrested (instead of voluntarily brought in for questioning). I also can't work out why the police went to all that trouble if there was clearly no grounds at all for the arrest. Three of the police officers had to travel a long way and stay in a hotel overnight in order to arrive at our home early the next day. A simple call to the care home, the OPG, the selling estate agent or to the other attorney (FIL's brother) would have saved them a lot of bother. In other words, they sought no independent corroboration of the allegations in advance, and spent a great deal of public money on travel and accommodation pursuing a case which would inevitably fail due to lack of evidence. Surely this indicates a lack of due diligence and gives us grounds for a claim of wrongful arrest?

Yesterday (2 weeks after his arrest), my husband was informed that all charges against him had been dropped. This is naturally a relief, but hardly a surprise as it's been glaringly obvious that there was no case in the first place.

We now have to deal with the worrying aftermath: my husband likely losing his job and the stress caused to our young children seeing their dad taken away by a load of burly men. They still hide when the doorbell rings.

I'm sure the neighbours are still gossiping about the morning that 3 police cars pulled up right outside our house as curtains were twitching as my husband was taken away! Joking aside, the last fortnight has been absolutely awful and I feel like I've aged 10 years.

We've now got to somehow get back all our things from the police (who are at the other end of the country), and I can't imagine that'll be a quick process.

My question is: is it feasible to sue FIL's solicitors or get compensation of any kind? They hadn't even bothered to notify the OPG or the Court of Protection about the supposedly revoked EPoA or any new one they had set up.

Not only have they been negligent in their duties, wasted police time, probably lost my husband his job and tarnished his good name but, worryingly, they seem to have approached my FIL at his care home for business. They have taken instruction from a man with severe dementia to revoke the existing EPoA and create a new one, presumably in their favour, so that they could sell his flat, thus profiting from his instruction. I assume they would have expected FIL to pay for their services. Does this constitute a conflict of interest? Is this fraud on their part? FIL clearly has dementia - he can't use a phone and there is a restriction of liberty order on him to make sure he doesn't leave the care home (the DOLS was carried out a year ago), so there's no way he could have approached them to request any legal work to be carried out. From the police, my husband learned that his father even told his solicitor that the other attorney (his brother) is dead, which he is not - surely that would be indication enough of his confusion? At best the solicitors have been unprofessional, unethical and negligent; at worst, their actions appear extremely suspect.

Can we also do anything about my husband's wrongful arrest and have his police record, dna and fingerprints record deleted? Because of the nature of his work, having a police record will ruin his entire career.

Once again, any advice would be much appreciated! It's thanks to your previous advice that we managed to do everything properly in the first place and this will have almost certainly contributed to the relatively hasty speed with which the case was closed.

Crisps

If he (your husband) was arrested, interviewed but the charges were later dropped, this by itself anyway, is not a police record, as I understand. A police record I believe relates to a caution or conviction. A caution means there is sufficient evidence to warrant a conviction but for quick disposal, the accused accepts a caution (conditional warning). Police use charges based on evidence to take to a criminal court for a conviction. Unless it was some type of disposal (puts end to the case) before court proceedings such as a 'caution'...there is no police record, so no criminal record as far as I understand. Was your husband given a criminal record? Was there any type of formal disposal of the case? If not and the case was entirely dropped - owing to lack of evidence of fraud - there normally would be no criminal record.

[ilikecrisps]

Re: Enduring Power of Attorney (possibly) revoked & we're in a pickle!

Thanks for all your responses, and apologies for the length of all my posts which you've had to plough through!

I'll get my husband to have a look at your replies, particularly yours, Openlaw15, and I'll get back to you.

Crisps

[des8]

Re: Enduring Power of Attorney (possibly) revoked & we're in a pickle!

Obviously there is a record of the arrest, but it is not a criminal record and should not be disclosed.

Chapter1 of Protection of Freedoms Act 2012, .deals with destruction of finger prints and DNA profiles

Essentially Fingerprints and DNA profile can be retained for 3 years if permission granted by the Biometrics Commissioner plus a 2 year extension if granted by a District Judge (or indefinite if the individual has a previous conviction for a recordable offence which is not excluded for 3 years (with an option of a 2 year extension)