power of attorney VS forged signatures

[gee.marky]

My Question is simply this: If someone has the power of attorney - do they have the right to actually forge the appointees signature in their absence?

My view / belief is no they do not - they must sign their own signature, which then conveys the authority of the 3rd party.

My reason for asking is specifically this: My brothers ex-wife was supposed to have POA over my brothers affairs jointly with my father, My brother actioned the form in front of a solicitor whilst in prison in France.

Trouble is my father was supposed to oversee the behaviour of the wife according to my brothers instructions and instead she took the signed form, signed it herself, never showed or told my father, forged his signature to complete the form and got a 3rd party (her friend) to bear false witness, she then transferred my brothers personal property in his sole name into his company (of which she was a director) she forged all documents to arrange the transfer in his absence without his knowledge i.e. company minutes, land registry deeds etc and then forged more documents and opened a bank account, took 300K of loans, then transferred the company out of his name and replaced him with her mother and placed �150,000 invoice on that company -this together with the 300K justified reason for voluntary liquidation, which she undertook with more forgery, even her mother was never in the country and she admits forging the signature.

Quite simply, the bank now say they believe the loan to be real and are also staking a claim via the liquidation of the asset - I want to know is any of the above a criminal or civil matter as the police claim civil - I say fraud and forgery, entering false creditors by way of document forging is in direct contravention of the fraud act 2006 - the police refuse to investigate and I wish to know if their belief is correct.

[Annlinda]

I have an enduring power of attorney and no way would it be legal for me to sign any name other than my own. I would have thought that it is a criminal offence to forge someones signature even though they have a poa. The police sometimes have to be "persuaded" to act in this sort of case your father should make a complaint that his signature has been forged on a document that has been used for an illegal purpose. Believe the wording is using a false instrument but dont quote me

[Eve]

I'm a solicitor and hold a number of powers of attorney for clients.

I would never sign as them, only as me as acting as their power of attorney on their behalf.

In legal matters a certified copy of the signed Power of Attorney is also sent to back up my signature.

[Eve]

This may help with reporting the fraud...

http://www.sfo.gov.uk/cases/guidance.asp

[themas]

This seems horrifying to me. However, I have heard of another case where the initial reaction of the police to notification of a fraud was - in effect - to tell the people to go away & stop bothering them. (Not, of course, put in quite those terms!) The people went away, did some investigation on their own, went back to the police and made them take notice, the fraudsters (or most of them) ended up inside.

Of course it's fraud & must be treated as such. If you can't get anywhere following Jenna's link, there is always the police complaints procedure.

[gee.marky]

Hi thx for all the replies & help - I have gone through the police complaints proceedure only to have had a response from the police of no claim to answer.

So I went to a different police force - southampton (location of the asset stolen) and not Met (Location of the stolen property) Seems Southampton police (after 1st trying to ignore) and then being showing point for point criminality stating the fraud act 2006, document forgery, using false instruments etc and finally threatening them with the IPCC - they today say they are going to arrest the wife (with the same evidence the MET ignorred as non-evidential!)

As such I have appealed via the IPCC and given 60 unanswered questions and it appears they discounted the signed confessions as they doubted the mental health of the person who signed, yet apparently did not get any medical confirmation of such.

Appears my brother upset the masons sometime ago for appearing on panorama and giving evidence against a senior police officer, who guess what (was quickly retired on medical grounds) and I feel this is just a knock on effect of upsetting the old boys club!

Thanks though for all the advice, sometimes need to have your own thoughts confirmed in face of such corrupt adversity!!!

it would appear (due to mountains of evidence in existence) they are gonna have a hard job as have involved everyone from the FSO, IPCC, ACCA, IPA, MP's (3), and also submitted all evidence to the high courts in London, concerning the co-conspirators attemot to illegally liquidate the stolen asset via illegal voluntary liquidation and suppossed collaboration from corrupt liquidators operating with an established international network of convicted fraudsters -

Apparently there is a loop hole in the law and they have done this numerous times successfully before.

Fingers crossed, lets hope I can make it thier last???

Many