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08 December 2017 / Jean-Yves Gilg
Issue: 7773 / Categories: Features , Charities
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Preventing elderly financial abuse

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With growing concerns over a rise in elderly financial abuse, is it time to reform lasting powers of attorney? Jean-Yves Gilg reports

There shouldn’t be anything suspicious about a young man accompanying his aunt to see her solicitor. Frail or elderly people often seek the assistance of family members when making important decisions. Most of the time, there is indeed no concern, just a caring relative looking after a loved one. But there is a growing sense among private client practitioners that financial elderly abuse is on the rise, and an overly protective nephew could be a sign that the situation is perhaps not as straightforward as it seems.

Elderly financial abuse is a crime that takes place behind closed doors. It can be difficult to spot and there is no official data on how prevalent it is, but concerns have been rising, in particular in relation to lasting powers of attorney (LPAs). Introduced in 2005 to replace Enduring Powers of Attorney, LPAs initially had to include a provision for the notification of a

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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