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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 : £65.00
 

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

'This book is best suited to those seeking to learn about and update their knowledge of the area generally and to act as a toolkit for professionals.'
Holly Chantler, Director, Solicitors for the Elderly

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

Reviews

“Ann Stanyer's “Financial Abuse of Older Clients: Law, Practice and Procedure” provides an overview of the issues, law and practice in this complex and increasingly common area of the law.

Issues covered by the book include “what is financial abuse”, “who is vulnerable to financial abuse”, “who are the perpetrators of financial abuse”, “what form does financial abuse take”, and “how to prevent financial abuse and what steps to take when it is discovered”. It concludes by considering the future of the protection of the elderly and includes consideration of protection measures and approaches in other countries.

The book is written in a clear manner and brings together various statutes, case law and other sources of practice, such as guidance notes issued by the Office of the Public Guardian. It covers rules and practices in relation to Enduring Powers of Attorney, Lasting Powers of Attorney and deputyship orders, as well as other forms of relationship and examines the duties and responsibilities of appointed representatives, such as attorneys and deputies, and professional organisations including banks and local authorities.

For the practitioner, it identifies risk factors and gives guidance to help identify abuse and offers suggestions to improve practices. There is a useful professional abuse warning card for professionals at Appendix B of the book, which can be shared with colleagues across departments and would be of particular assistance to those who do not regularly deal with issues relating to financial abuse.

This book is best suited to those seeking to learn about and update their knowledge of the area generally and to act as a toolkit for professionals.







” –  Holly Chantler, Director, Solicitors for the Elderly

“... very engaging. It boasts a comprehensive selection of cases that have been through the court, helping professionals to advise clients in ever more complex circumstances ... provides a useful overview of all the relevant aspects of dealing with abuse of the elderly client ... Stanyer's passion to raise awareness of financial abuse in the elderly is to her credit.” –  Law Society Gazette,

“...a useful toolkit to carry around and consult as needed. References are made throughout to actual clients and scenarios Ann has encountered in her nearly 30 years in practice, adding to the practical element and ease of applicability of the law covered...” –  LawSkills,

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