Case Study 3

Concern raised by relative of adult

Initial concern – key points

• Adult currently resident at home
• Adult's son appointed as his attorney to deal with his welfare and financial needs
• Concern that adult is not receiving the benefit of his finances while the subject is apparently living well beyond his means an regular excessive payments are made from the adult's account
• Adult owns heritable property in which he resides

Parties contacted

• Adult's GP
• Adult's bank
• Registers of Scotland
• Department of Work and Pensions
• Local authority social work department
• Adult's attorney

Information ascertained

• Adult confirmed as being incapable of dealing with his financial affairs
• Registers of Scotland confirmed adult owns heritable property
• Adult's building society confirmed that adult has several accounts and statements provided for each
• Examination of statements confirmed adult in receipt of state pension and private pension and that a healthy balance of capital exists. Withdrawals in the past appear to be erratic and not apparent that this is to the benefit of the adult. Savings type accounts were intact with healthy balance therein
• Meeting arranged with subject, adult and carers to examine the situation
• Although incapable adult was able to confirm that he had provided financial gifts to immediate family members including the subject over the years
• Adult has a package in place to provide for his welfare needs and this is paid for on a monthly basis
• Confirmed that mortgage on the heritable property was concluded some time ago, however, the adult has taken equity from the property and this has created an on-going burden on the adult's estate
• Subject appears to have provided well for his father but has not retained any form of receipts to support this

Our view

Prior to incapacity having been confirmed there is evidence of funds being dealt with in an erratic manner. The subject advised that his occurred prior to him taking on board control of his father's finances and that his father dealt with his own funds at that time. this cannot be disputed.

Since we became involved, the subject has complied with all requests made and as such all the adult's funds are now being used for his benefit and evidence has been provided in support.

We are now monitoring the actions of the attorney. This will continue until we are satisfied that he is fully complying with the advice and guidance provided. This entails using the funds for the sole benefit of his father and the need to maintain a record of expenditure supported by appropriate receipts.