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. Ann holds over 70 trusteeships and acts as executor and attorney. She has also been appointed as Deputy by the Court of Protection and as Administrator by the Court. Ann has been a Notary Public since 2001. In this capacity she advises companies and individuals on notarisation and legalisation requirements for foreign jurisdictions. Ann is a member of the Society of Trusts and Estates Practitioners (STEP), the STEP special interest group on Mental Capacity, Solicitors for the Elderly, the private client section of the Law Society and the Notaries Society. Ann has recently passed the SFE's Older Client Care in Practice Award (OCCP).

1 What is Financial Abuse?
2 Who is Vulnerable to Financial Abuse?
3 Vulnerable and Mentally Capable
4 Who are the Perpetrators of Financial Abuse?
5 What Form does Financial Abuse take?
5A Unauthorised Gifts
5B Banking
5C Investments and the Incapacitated Client
5D Property Transactions
5E Undue Influence
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
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?
8 Other Issues
8A Care Allowances
8B Lifetime Gifts
8C Conflicts of Interest
8D Confidentiality and Disclosure
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
10 Foreign Aspects
11 Reforms
11A Reforms
11B It is Time for a Minister for the Elderly?
Appendix A – Lasting Powers of Attorney
Appendix B – Financial Abuse Warning Card for Professionals
Appendix C – Statistics from Court of Protection Cases 2014–16