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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience:  I have been practising for 30 years.
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I'm currently under investigation with the office of the

Resolved Question:

Hi I'm currently under investigation with the office of the Guardian for POA of my Mum's financial affairs. I'm a gambler and a lot of her saving have gone. Can I be put in prison for this?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Who reported this issue?

Has it been referred to the police?

May we have the background detail please?

Customer: replied 8 months ago.
It has been reported by her bank to them as large amount of monies have been transferred from her account to my bank account, which I've gambled away. I have POA since last September and she has dementia and can no longer make her own decisions. I'm afraid that my actions will end up in a prison sentence.
Expert:  F E Smith replied 8 months ago.

How much money is involved? Do you have any siblings?

Customer: replied 8 months ago.
163;120,000
The office of the guardian have sent me forms to fill in to state where the large amount of money has gone, in her best interest! The money as gone so how do I go forward with filling out these forms? Do I just tell them that I've gambled it away?
Customer: replied 8 months ago.
I have a two siblings
Expert:  F E Smith replied 8 months ago.

The news is not good.

I can only tell you to be honest in answering the forms. This will be reported to the police and you will be prosecuted for theft. Because of the amount of money, as you say, it’s most unlikely that you would escape a custodial sentence. You would also be ordered to repay the money. If your mother passes away in the near future, it would be up to your siblings whether they pursued you to repay would then be their share of this money

There is an aggravating factor with regard to the theft, and that is that you were in a position of trust and that trust has been abused and hence, it makes the offence more serious.

The sentencing guidelines are here https://www.sentencingcouncil.org.uk/wp-content/uploads/SC-Theft-Offences-Definitive-Guideline-content_FINAL-web_.pdf

please refer to pages 5-7.

This is a category 1 offence with B Medium Culpability because of the breach of trust.

You will see that the sentencing range is between 1year and 3.5 years custody.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
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