Financial Abuse of Older Clients: Law, Practice and Prevention

Ann Stanyer is a partner with Wedlake Bell. Her practice covers a wide range of trust, probate and private wealth management work for both large, complex estates and smaller settlements. She advises trustees on tax and estate management issues and provides advice on UK and foreign succession issues. She also regularly advises on and prepares Financial Decisions and Health and Care LPAs, the registration of Enduring Powers of Attorney, statutory wills and applications to the Office of Public Guardian and Court of Protection.

• Chapter 1 What is Financial Abuse? Chapter 2 Who is Vulnerable to Financial Abuse? Chapter 3 Vulnerable and Mentally Capable Chapter 4 Who are the Perpetrators of Financial Abuse? Chapter 5 What Form does Financial Abuse take? 5A Unauthorised Gifts 5B Banking 5C Investments and the Incapacitated Client 5D Property Transactions 5E Undue Influence 5F Care Homes and Financial Abuse 5G Grooming of the Elderly for Financial Abuse and How to Guard Against This Chapter 6 How to Prevent Financial Abuse and What Steps to Take when it is Discovered 6A The Office of the Public Guardian and Supervisory and Investigatory Powers 6B Safeguarding Powers 6C Right of Entry Powers 6D Police Action Chapter 7 Delegating Decision-making Powers to Others 7A Informal Arrangements 7B Enduring Powers of Attorney 7C Lasting Powers of Attorney 7D Deputyship 7E When Attorneys Fall Out, What can the Courts Do? Chapter 8 Other Issues 8A Care Allowances 8B Lifetime Gifts 8C Conflicts of Interest 8D Confidentiality and Disclosure Chapter 9 Protection of the Individual and Recovery of Assets 9A Protection of the Individual 9B What Does the Client Want to Do? 9C Investigation and Recovery of Assets 9D Practical Steps to Safeguard against Abuse 9E Surety Bonds Chapter 10 Foreign Aspects Chapter 11 Reforms 11A Reforms 11B Is it Time for a Minister for Older People? Appendix A Lasting Powers of Attorney Appendix B Financial Abuse Warning Card for Professionals Appendix C Statistics from Court of Protection Cases 2014–16 Appendix D OPG annual report statistics