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Financial Abuse of Older Clients: Law, Practice and Prevention

By: Ann Stanyer
Media of Financial Abuse of Older Clients: Law, Practice and Prevention
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Published: 14-08-2020
Format: PDF eBook (?)
Edition: 2nd
Extent: 304
ISBN: 9781526513977
Imprint: Bloomsbury Professional
Series: Bloomsbury Family Law
RRP: £72.00
Online price : £64.80
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Loren Epson

About Financial Abuse of Older Clients: Law, Practice and Prevention

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.

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

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