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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I have Enduring Power of Attorney for my 90 year old mother.

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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?
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
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