Financial abuse occurs when advantage is taken of a person who is vulnerable or who no longer has capacity to manage their own financial affairs. Unfortunately, even in circumstances in which an attorney or a deputy has been appointed, financial abuse can still take place.
Forms of financial abuse
What to do if you suspect financial abuse
If someone you know is a victim of financial abuse, you should take action immediately. If there is an attorney or deputy, the Office of the Public Guardian must be notified. The Office of the Public Guardian has a statutory responsibility for investigating concerns about the actions of attorneys and deputies.
If there is no deputy or attorney in place, you should raise a Safeguarding Alert with the local Social Services Safeguarding Adults team who should investigate allegations of financial abuse and, where appropriate, involve the relevant authorities.
How we can help
Our team of specialist lawyers has extensive experience of dealing with a range of different circumstances where there is a dispute as to the management of a person’s property and financial affairs. We can assist whether you are concerned that someone you know is being financially abused, you are concerned that you yourself are subject to financial abuse, or you are the person being accused.
We routinely assist with:
- Reports to the Office of Public Guardian and Social Services
- Applications to the Court of Protection, including applications to appoint a deputy, for a declaration as to the vulnerable person’s capacity and for the removal of attorneys and deputies
- Claims for the recovery of funds and/or the setting aside of transfers of property (before and after death)
- The resolution of financial abuse claims by alternative dispute resolution, such as mediation, early neutral evaluation and joint settlement meetings