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When Lasting Powers of Attorney Go Criminal

Posted: Thursday, 1 August 2024 @ 11:03

According to the BBC, a former STV presenter has been jailed for two years for stealing £120,000 from her mother while she suffered from dementia.

Hayley Matthews, 44, used the money to buy luxury items including a handbag and cosmetics after being given power of attorney over her mother's financial affairs.

During her trial, the court heard that Matthews, of Edinburgh, had told family members her mother's estate was valued at £36,000.However, that was queried by her sister, who applied to the bank for copies of her mother's financial statements.

These showed ATM withdrawals had substantially increased between September 2019 and September 2021, after her mother, Janice Matthews was admitted to hospital.

A police investigation found Hayley Matthews' spending included PayPal transactions totalling £42,000, ATM withdrawals of £38,000, Amazon purchases worth £13,000, a Mulberry handbag costing £1,300, and £5,500 of purchases from the White Company.

Some facts:

1. This case is unusual in that criminal action has been taken on financial abuse of a LPA.

2 From my experience I come across comparable sums being taken out of elderly persons Estates and it is rare for the police to show such interest let alone intervene.

3 The holy grail in this situation is the finding of bank statements which documented the monies taken out. 

4 A relevant actor is the actual admission by the former TV presenter. Most people do not admit anything even in the face of compelling evidence.

5 It is welcome that criminal action has been taken but whether it will deter others is another matter.

 

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