Holly Minney
Court of Protection
Dangers are Often Close to Home
This week saw the return of Silent Witness to the BBC and the first two-part story concerned fraud, abuse and death at the hands of criminals. The same evening had an episode of Scam Interceptors reporting on issues of calls from fraudsters claiming to be from large organisations to obtain funds dishonestly.
Whilst the risk from strangers is real, there is also the danger of financial abuse from people known to older and/or vulnerable people. Sadly, family, friends and acquaintances can also commit offences to misappropriate finances and property.
Samantha Hamilton, head of the Court of Protection department at Mullis & Peake LLP, and a panel deputy acting for a large number of vulnerable adults, experiences the issues:
“As panel deputy I am frequently appointed either following investigations by the Office of the Public Guardian into actions of attorneys or deputies, or after Court of Protection proceedings where an attorney or deputy is removed. Whilst some panel deputy cases are simply family disputes where an independent person is appointed, there are sadly many cases of financial abuse. As panel deputy I can investigate financial abuse and, where possible, seek to recover finances and property.
People are scared of strangers who are scammers, looking to steal money, but people also need to take care when appointing an attorney to manage their financial affairs under a Lasting Power of Attorney. If the person is not able to manage their own finances well, they may not be the person to appoint as attorney.
Deputies and attorneys also have limited authority to make gifts, so must seek Court of Protection authority if they wish to make substantial gifts from the funds of a person lacking capacity (see Giving gifts (web version) – GOV.UK). Some people appropriating funds seek to justify taking money on the basis that it is “their inheritance”, but nobody inherits money from somebody who is still alive.
In short, it is not just strangers who are a danger.”
Mullis & Peake is not responsible for external links.