Financial Abuse of Older Clients: Law, Practice and Prevention

ISBN-13: 9781784515492 / Angielski / Miękka / 2017 / 320 str.

Ann Stanyer

Opis

Part of 'Bloomsbury Professional's Family Law Series', Financial Abuse and the Elderly is written in a practical, accessible style providing analysis, comment and in-depth analysis. It covers: Who is vulnerable to financial abuse; Who the perpetrators of financial abuse are and why they might abuse; 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 including coverage of the Mental Capacity Act 2005, Lasting Powers of Attorney (LPAs), Deputies, gifts, wills, property sales, etc.; The options available for practical help, for example, carers, agency appointments, the Disclosure and Barring Service (DBS). The DBS has replaced the Criminal Records Bureau and Independent Safeguarding Authority and helps employers to make safer recruitment decisions and prevents unsuitable people from working with vulnerable people; Practical advice on how to recover assets including via the Court of Protection, civil remedies, injunctions, freezing orders, police, social services and other watchdogs; Future developments in relation to the Court of Protection and the Office of Public Guardian particularly in relation to mediation and investment guidance; Deputy Assurance visits; banking; the Care Act 2014; the report from the Select Committee on the Mental Capacity Act 2005: 'Mental Capacity Act 2005: Post-Legislative Scrutiny 2014'. Filled with detailed, practical guidance and advice and drawing together case law and legislation Financial Abuse and the Elderly 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.

Spis treści

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