David Eggleton, a 71-year-old man from Wiltshire, has recently been sentenced to five years and six months in prison for power of attorney fraud. He was granted power of attorney by his 93-year-old aunt, Lilian Eggleton, and transferred substantial amounts of money from her account to his own to fund his lavish lifestyle buying cars, holidays and £54,000 worth of Apple products, as well as to pay off his mortgage.
The case came to light when payment to Ms Eggleton’s care home fees started bouncing. A direct debit of £4,500 was set up from Ms Eggleton’s bank account to her care home and payment issues began in August 2018 through to 2020. This led to an investigation which revealed that Eggleton had made substantial unauthorised transfers to his own account.
Subsequently, in June 2020, Eggleton was informed by his aunt that she no longer wanted his involvement in her finances. Despite this, he continued to withdraw funds for months and claimed that the money was a part of a loan agreement. Sadly, Ms Eggleton passed away on February 13th 2021, before justice could be served.
A video interview recorded before her death was played at Eggleton’s trial, where Ms Eggleton was tearfully expressing her sadness and betrayal at what her nephew had done. The Judge noted “[Eggleton’s] actions caused upset and concern at a time she was entitled to be free of worry and live out the rest of her time in peace.”
He sentenced Eggleton to five years and six months for the fraud and eight months for perverting the course of justice to be served consecutively.
A hearing under the Proceeds of Crime Act will take place on January 15, 2025.
Key takeaways
This case highlights the importance of vigilance when it comes to financial matters, especially involving vulnerable individuals. Misusing power of attorney is a serious offence, and the court rightly held Eggleton accountable for his actions.
What are some warning signs that may indicate potential abuse of power of attorney?
Some warning signs that may indicate potential abuse are:
- Unusual Financial Transactions
Unexpected or irregular financial transactions, such as withdrawals, transfers to unfamiliar accounts or sudden changes in spending patterns.
- Isolation
If the person with power of attorney isolates the individual from family and friends, it could be a red flag and a way to prevent others from noticing the misuse.
- Lack of Transparency
An attorney should provide regular updates and be transparent about financial matters. If they refuse to share information or avoid discussions, it is a cause for concern.
- Neglect of the Individual’s Needs
If the person with power of attorney neglects the individual’s care, health or living conditions, it is a serious warning sign. Just like the current case, whereby Eggleton neglected his aunts needs in her care home fees. This is a serious warning sign, as an attorney has a legal duty to act in the best interests of the donor and to follow the Mental Capacity Act (MCA) Code of Practice and the five principles of the MCA.
How Bishop and Sewell can help
If you are worried that a loved one is being taken advantage of by their Attorneys or Deputies, we can give legal advice about the concerns you may have.
Contact our Litigation and Dispute Resolution experts
Nadine Esaid is a Solicitor in the Bishop & Sewell Litigation and Dispute Resolution team. If you would like to contact a member of the team please call on 020 7631 4141 or email nesaid@bishopandsewell.co.uk.
The above is accurate as at 11 September 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
