How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

I have Enduring Power of Attorney for my 90 year old mother.

Resolved Question:

I have Enduring Power of Attorney for my 90 year old mother. She lives nearby to me and my wife and stepson. Occasionally, when I am at work, I ask my wife or stepson to go to the bank and withdraw money from my mothers account using her debit card in the ATM. I have been told this is technically fraud. My argument is they are acting as my agent. What is the true answer?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

For fraud to occur, there must be an intention on your part to make a gain for yourself or cause a loss to someone or expose them to the risk of loss and there is dishonesty involved.

If there is no such intention, then Fraud cannot be said to have occured.

See the Fraud Act 2006 for more information if need be.
http://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud
UKSolicitorJA and other Law Specialists are ready to help you