is it legal for someone to spend life savings of someone they care for on themselves?

[seggo30]

Hi,

if say a grandaughter cares for her grandmother, and spends the grandmothers life savings on themselves, rather than working or claiming benefits, is this illegal? even if they have Power Of Attorney?

[mauz]

Re: is it legal for someone to spend life savings of someone they care for on themsel

Hi it depends on a number of factors,
Has the Grandmother capacity to gift the money to the granddaughter...i has she given the money on her own free will with out any form of intimidation?is she suffering from any mental ill health Alzheimer type illness? just because some one has power of attorney this does not mean they can spend that persons money at will.
If you do have concerns then speak to your local social services they will have a policy on Safe guarding vulnerable Adults, they are there to help and advise and support.

[Caspar]

Re: is it legal for someone to spend life savings of someone they care for on themsel

A Power of Attorney is only valid while the Donor has the capacity to ratify the attorney's actions unless it is made in the form of a Lasting Power of Attorney and registered with the Office of the Public Guardian. This new form of Power of Attorney was introduced in 2007 and replaced the former Enduring power of attorney, although EPAs validly made before the law changed are still valid. EPAs only need to be registered if the Donor has since lost capacity.

Any help?

Sadly there are many recorded cases where people have been given full POA and then abused this position.

[Amethyst]

Re: is it legal for someone to spend life savings of someone they care for on themsel

Could it be seen as the Grandmother paying the Grandaughter to care for her.

Who would look after grandmother if the grandaughter didnt (ie if she worked).

Is the grandaughter buying cars, going on holidays etc, or taking a similar monthly amount ?

[righty]

Re: is it legal for someone to spend life savings of someone they care for on themsel

Could it be that the grandmother is attempting to avoid future care home fees? If so she could find herself between a rock & a hard place if its deemed by the council to be for that purpose