Posted: Monday, 14 October 2024 @ 11:29
An interesting feature on Lasting Powers of Attorney in the Telegraph on Katle Morley's investigations:
"Eight police officers turned up at our home and took us into custody.... It was absolutely terrifying as we had no idea what was going on. It became clear that we were being accused of defrauding my husband’s mother, for whom we have joint Lasting Power of Attorney (LPA) for. She has dementia and told Santander, her bank, that we had been stealing her money. It was Santander which then called the police to bring us in for questioning.
We were released on bail and prohibited from seeing and caring for my mother-in-law, which meant we could not go near her property or speak with her about the allegation.
An investigation was opened by the police and we had to employ a solicitor specialising in fraud at our expense. Our bank accounts and my mother-in-law’s bank accounts were frozen for three months, and our mobile phones were confiscated indefinitely. Our home was searched while we were in custody and our children were in the property alone. After a period of time, the police issued a “no further action” statement, meaning that as far as it was concerned, no crime had been committed. That should have been the end of the matter, however Santander carried the battle on. It is relentless."
There are some fundamental principles:
1 I have seen much worse instances of questionable behaviour and for both banks and police to simply shrug their shoulders. What was a key factor here appears the vulnerable person making allegations to the Bank. Once the Bank got involved, things started to happen.
2 Most times banks do not do anything if there is questionable activity within an bank account. It is very high bar to get bank intervention. (e.g referral to the police)
3 If you are an attorney and want to be legal keep all receipts for expenditure, which in any event, are paid for via a card on your /their joint account from their bank.
4 Keep separate bank accounts.
5 Keep relatives aware of what is going on. Be transparent.