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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