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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: 26-05-2017
Format: Paperback
Edition: 1st
Extent: 320
ISBN: 9781784515492
Imprint: Bloomsbury Professional
Series: Bloomsbury Family Law
Dimensions: 234 x 156 mm
RRP: £60.00

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

Financial Abuse of Older Clients: Law, Practice and Prevention is written in a practical, accessible style providing analysis, comment and in-depth analysis helping solicitors and others to be proactive in protecting their older clients.

It covers: what financial abuse is; who is vulnerable to such abuse; the vulnerable but mentally capable; who the perpetrators of financial abuse are; the form financial abuse takes highlighting indicators and abuse red flags, typical actions of the financial abuser, typical losses and undue influence; how to prevent financial abuse and the steps that should be taken when it is discovered; the protection of the individual and how to recover assets; foreign aspects – Eire, USA, Scotland, Wales and Northern Ireland; reforms; and appendices including statement of wishes and values, a financial abuse warning card for professionals and statistics from Court of Protection Cases 2014-2016.

Filled with detailed, practical guidance and advice and drawing together case law and legislation Financial Abuse of Older Clients is a comprehensive work written by a private client solicitor with nearly 30 years' experience that no family law practitioner or professional faced with this ever increasing area of law should be without.

Table Of Contents

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

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