If your brother did have power of attorney, would have allowed him to take money out of the account as he wanted but would not allow him to use the money for any purpose other than his mother and any reasonable out-of-pocket expenses which wouldn’t amount to the amount of money taken.
If this started in 2005 and carried on until now, that is 11 years, which is 132 months. Hence, it would be just over £1000 per month averaged out over the period.
Depending on the amounts taken and the frequency of the amounts, it could equate to living expenses or not depending on your mother’s lifestyle and what benefit she gets.
I think you need to go back to the police with this because clearly, they don’t understand how a power of attorney works. You should also refer the matter to the Court of Protection
who have the power to prosecute him and ask him to account for all the money. He would need to show what it was spent on for your mother over that period.
The good thing about the Court of Protection of course is that it is free of charge. He should be accounting to them annually in any event. They will look closely into this.
Can I clarify anything further for you?
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