As the only practitioner title with detailed practical guidance and advice in this area, this is a comprehensive work written by a private client solicitor who has 30 years' experience of practice, and is a regular speaker at conferences on the subject. No professional faced with this ever-increasing area of law, should be without it.
It enables solicitors and other professionals to be more proactive in protecting their older clients. It describes the rise in financial abuse, explains how to spot warning signs, provides awareness of various elements of legal protection and demonstrates that change is needed in the current system.
Topics covered include: - Financial abuse issues for care homes (new to this edition) - Grooming for financial abuse (new to this edition) - Who is vulnerable to financial abuse? - Who are the perpetrators and why? - The forms financial abuse takes - How to prevent financial abuse
The Second Edition also includes: - Statistics showing the prevalence of financial abuse - Commentary on recent case law, legislation and industry reports including: - Section 76 of the Serious Crime Act 2015 – coercive control legislation - Banking and financial services - Review of HMLR protections for property owners - Review of all OPG and COP recent guidance and practice notes - Updated information about care allowance rules - Case law on retrospective approval of gifts - Discussion of a deputy's authority to litigate
It also covers cases with issues particular to jurisdictions such as the Republic of Ireland, USA, Scotland, Wales and Northern Ireland.
Read an extract of Financial Abuse of Older Clients: Law, Practice and Prevention
Table of Contents
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