'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.
Ann Stanyer is a partner with Wedlake Bell. Her practice covers a wide range of trust, probate and private wealth management work for both large, complex estates and smaller settlements. She advises trustees on tax and estate management issues and provides advice on UK and foreign succession issues. She also regularly advises on and prepares Financial Decisions and Health and Care LPAs, the registration of Enduring Powers of Attorney, statutory wills and applications to the Office of Public Guardian and Court of Protection. Ann holds over 70 trusteeships and acts as executor and attorney. She has also been appointed as Deputy by the Court of Protection and as Administrator by the Court. Ann has been a Notary Public since 2001. In this capacity she advises companies and individuals on notarisation and legalisation requirements for foreign jurisdictions. Ann is a member of the Society of Trusts and Estates Practitioners (STEP), the STEP special interest group on Mental Capacity, Solicitors for the Elderly, the private client section of the Law Society and the Notaries Society. Ann has recently passed the SFE's Older Client Care in Practice Award (OCCP).
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