William Cook
Legal
Elderly Brothers Exploited: Minister and Businessman Accused of Abuse of Power
In a deeply troubling case that raises serious questions about the safeguards around lasting power of attorney (LPA), a minister, Reverend Ivan Warwick, and businessman Douglas Stewart have been accused of manipulating three elderly brothers into signing over control of their lives and finances.
The brothers, all in their 70s and 80s and diagnosed with dementia, were unmarried and had no children. They lived in their family farmhouse for over 30 years. In what’s now being called a case of “grooming,” Warwick and Stewart convinced them to sign LPA documents, granting the two men complete control over their affairs. Within a year, the farmhouse was sold, and the brothers’ bank accounts were emptied. Yet when police investigated the matter in 2017, they concluded no crime had occurred – simply because the LPA gave them power and legal permission to act on behalf of the brothers. The case was closed without further action.
However, a later civil court case uncovered a very different story. It found that Warwick and Stewart had exerted undue influence over the vulnerable brothers and ordered them to repay more than £1 million they had taken.
Tragically, the brothers have since passed away. But to date, their surviving relatives have yet to see a single penny returned.
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Anne Wijayarathne, Associate Solicitor in the Wills & Probate department said:
“The recent news of the two brothers being conned into signing over the family farm to their ‘attorneys’ highlights just how vulnerable we can become when we are no longer able to protect our own interests. Setting up a Lasting Power of Attorney is a vital step in safeguarding your future. The key is ensuring that you have someone in place who will act in your best interests. If you don’t have family members or close friends whom you can rely on entirely, appointing a professional attorney can be a more suitable option. If you feel uncertain about who to appoint, professionals can act as your attorneys to ensure that your affairs are managed properly and that your best interests are safeguarded. We are also proud to have Samantha Hamilton, a Deputy appointed to the Office of the Public Guardian panel which means we are well-equipped to assist clients to ensure that individuals who can no longer manage their own affairs have a trusted, qualified individual overseeing their well-being and financial matters”
If you would like more information or would like to put a Lasting Power of Attorney in place, please call us on 01708784007 or email Anne directly annewijayarathne@mplaw.co.uk