A power of attorney allows someone to make important decisions about another person’s property and finances. It places the attorney in a position of significant trust and requires them to act in the best interests of the person they are supporting.

Unfortunately, that authority can sometimes be abused. A recent case involving Gary and Diane Mansell shows the serious criminal and financial consequences that can follow when an attorney uses another person’s money for their own benefit.

The couple were sentenced to six years in prison for fraud and money laundering. Liverpool Crown Court has now made confiscation and compensation orders intended to recover the money taken from Gary Mansell’s elderly parents and return it to his surviving father.

This article explains what happened, how the money is being recovered and what you can do if you are concerned about the actions of an attorney.

What happened in the Mansell case?

Gary and Diane Mansell were acting under a power of attorney for Gary’s elderly parents.

Rather than managing the parents’ property and finances for their benefit, the couple transferred money into their own account. According to the Crown Prosecution Service, they made 103 transfers and spent more than £59,000 over an 11-month period.

They also sold the parents’ cars and home and kept the proceeds. By the time Gary’s mother died, his parents had reportedly been left with only 28 pence.

The money was spent on personal purchases, including:

• More than £9,000 of cosmetic dental work.
• A gold BMW.
• Holidays in Jamaica.
• Stays at luxury hotels.
• Renovations to the couple’s own home.

The court was also told that Gary’s mother spent her final days living in a converted garage with an alarmed door. At sentencing, the judge described the couple’s actions as a “despicable display of greed, vanity, and selfishness”.

What are an attorney’s responsibilities?

An attorney must act in the best interests of the person who appointed them, known as the donor. They must keep the donor’s money separate from their own, maintain proper financial records and only make decisions they are authorised to make.

They must never treat the donor’s money as their own or use their position for personal gain.

Warning signs that an attorney may be misusing their position can include:

• Unusual or unexplained withdrawals.
• Large transfers to the attorney or their relatives.
• Bills, care fees or household expenses being left unpaid.
• Property being sold without a clear reason.
• Assets being sold for less than their proper value.
• The attorney refusing to provide bank statements or financial information.
• The donor’s standard of living declining despite having sufficient money.

One warning sign may not prove that abuse has taken place. However, concerns should be investigated promptly, particularly where the donor is elderly, vulnerable or unable to review their own financial affairs.

How was the money recovered?

The Crown Prosecution Service’s Proceeds of Crime Division applied for confiscation and compensation orders following the couple’s convictions.

A confiscation order is used to recover the financial benefit a person has obtained through criminal activity. A compensation order allows recovered money to be paid to the victim for the loss they have suffered.

The court agreed that the Mansells’ criminal benefit amounted to £289,773 and made confiscation orders against them. The CPS states that Gary’s father had already received £105,000 from the bank and will receive further compensation so that the full value of his loss is restored.

The couple have three months to pay the orders or risk spending a further three years in prison. Even if an additional prison sentence is imposed, the debt will remain payable and may continue to attract interest.

Why did the value of the house matter?

An important part of the case concerned the sale of the parents’ home.

The CPS argued that the property had been sold for significantly less than its true value. The judge accepted that argument, meaning the lost value could be included when calculating the benefit the couple had received from their offending.

Without this, Gary’s father could have lost not only the money received from the sale, but also the additional value which should have been realised had the property been sold properly.

This is an important reminder that financial abuse does not only involve taking cash from a bank account. It can also include selling property at an undervalue, transferring ownership of assets or making financial decisions which benefit the attorney rather than the donor.

What should you do if you suspect abuse of a power of attorney?

If you are concerned about an attorney’s actions, gather as much information as possible. This may include:

• Bank statements showing unusual payments.
• Documents relating to the sale or transfer of property.
• Records of unpaid bills or care fees.
• Correspondence between the attorney and family members.
• A written timeline of significant events.
• Evidence about the donor’s mental capacity at the relevant time.

Concerns about a registered attorney can be reported to the Office of the Public Guardian. The OPG can request further information, investigate the attorney’s conduct and, where necessary, apply to the Court of Protection.

Where there is an immediate risk of further money being removed, it may also be necessary to contact the donor’s bank, the local authority safeguarding team or the police.

A solicitor can help you assess the evidence, identify the most appropriate route and take urgent action to protect the person’s assets.

How Switalskis can help

At Switalskis, our contentious probate and Court of Protection solicitors advise families where there are concerns that an attorney has misused another person’s money or property.

We can:

• Review bank statements, property records and other financial evidence.
• Report concerns to the Office of the Public Guardian.
• Contact banks and other organisations to protect assets.
• Apply to the Court of Protection to remove or replace an attorney.
• Investigate transactions made during the donor’s lifetime.
• Help recover money or property which has been improperly taken.
• Advise personal representatives where concerns are discovered after the donor has died.

If you are concerned that an attorney is acting improperly, it is important to seek advice quickly. Early action may prevent further losses and help preserve the evidence needed to investigate what has happened.

Contact our contentious probate solicitors today to discuss how we can help protect you or your loved one.