Does your mother still have full mental capacity?
Have you tackled your brother about this? What has he said?
Was any of the money in this joint account belonging to your brother? Or, did the money in the account come exclusively from your mother?
Was it an account in joint names or was he simply on the mandate.
Was it in joint names just for convenience?
Would you be willing to go to the police?
How much money is involved here over how long?
Would he reasonably be able to say that this was payment for looking after your mother?
If your mother still has all her mental capacity, do she now know about this and has she confirmed that he did not have the authority to do it?
If your mother is not in control of her full faculties mentally, then you cannot apply for a Lasting Power of Attorney, you have to apply to become a Deputy. The process is different. A person who lacks mental capacity cannot give consent for someone to have Power of Attorney. Hence, deputy yet.
If this is theft then it is a matter for the police regardless of whether he pays the money back or not although obviously, it’s up to you whether you report it or not.
The reason that it’s important whether the money in the account was all your mothers or not is that if there was any money in there belonging to your brother, he can claim that it is mixed money and hence your mother’s money cannot be identified and it makes it very difficult to bring a criminal prosecution. The concept of mixed money is an odd one. You can’t just put 5 pounds into an account with all the money and then take 5 pounds out, because the 5 pounds coming out may not be the same 5 pounds that went in unless, there was only 5 pounds in the account at that time.
It is unlikely that because these are such large round sums, that he could claim they were expenses for the care. Is not entitled to be paid out of this as a carer but would be entitled to reasonable out-of-pocket expenses.
· I’m sorry to say that this is a police matter. You can of course, when you have deputyship, also bring a civil claim against your brother but that will have to wait until you have the deputyship in place. However you can go to the police now. It doesn’t matter that your brother has conduct of the account, it wasn’t his money and hence, it is theft.
Can I assist you any further with this?
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