Importance of LPAs as man jailed for using ‘fake’ power of attorney to steal £75,000 from elderly aunt

A man from Bristol has been jailed for nine months for pretending to be his Aunt's attorney to steal £75,000 from her. Terry Pocock, 54, used the unregistered power to take over his aunt, Marjorie Insall's affairs after she became diagnosed with dementia. The case highlights the importance of making valid registered Lasting Powers of Attorney appointing trusted people to manage your affairs should you become unable to do so.

Prosecutor Mark Humphries said "he drafted the document but it was never registered or agreed. But Pocock told people he had power of attorney and it was treated like that by people who had dealings with his aunt. In May 2010, Pocock wrote to the NHS trust that ran his aunt's care home and told them she only had £20,000 left in her savings and may need help paying for care in the future. A benefits officer looked into the matter and found out about Mrs Insall's house being sold, and found there was a shortage of about £75,000 in the pensioner's account. He wrote to the defendant asking where the money was. At first Pocock claimed that the house had only sold for £50,000 and then he claimed he had put the missing money into a bond. When he was not able to prove this the benefits officer informed the police."

Lasting Powers of Attorney can be made at any time so long as the donor has mental capacity. Once executed the documents must be registered with the Office of the Public Guardian in order to be validly used.