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Financial abuse can be difficult to detect, and it is deemed to have the same potential to cause distress as other forms of abuse. The delegation of financial affairs brings with it the scope for degrees of exploitation. This study aims to assess the adequacy of the statutory provisions and courts in England and Wales at protecting at risk older people from the harm of financial abuse.

This review focuses on the enduring power of attorney and the lasting power of attorney provisions. Cases discussed were selected based on their judgments’ significance in relation to these powers, the range of issues illustrated and the extent of associated commentary and attention received in the literature. This piece is presented as a narrative review, and as such, references to case law and associated commentary are non-exhaustive.

Shortcomings and vulnerabilities are identified and explored with respect to both provisions. These are contrasted and contextualised in view of the broader challenges and complexities associated with preventing financial abuse within society. Key consideration is given to powers of creation, registration, supervision, objection and revocation in addition to the role and powers of both the Office of the Public Guardian and the Court of Protection.

Given these powers of attorney are exercised during a donor’s lifetime, they will directly experience their effects. This review illustrates there remains scope for further reform to introduce new safeguards and bolster existing ones to mitigate the risk of financial exploitation and to support people to plan and safeguard their financial future with increased confidence and security.

The purpose of this study is to highlight how people acting as Enduring Power of Attorney (EPoA) abuse their privilege in relation to real estate transactions through analysis of five court cases. This study thereby provides insight into how and why adult children cross the line into the realm of misconduct.

The approach involved a review of various court proceedings relating to elder financial abuse, and the synthesis of the important facts and judgements made that constitute unconscionable conduct, undue influence and passive acceptance of benefit. The cases selected focus on real estate transactions.

The research revealed some key commonalities and that property and living arrangements are the issues highly contested in courts for small estates.

The case review provides some critical findings that are valuable for wealth management professionals or managing an ageing person’s care and living arrangements. It provides practical insights for the importance of independent legal and financial advice when entering real estate transactions. The findings also inform real estate agent practice in helping to reduce elder financial abuse through robust checks if an Attorney is acting on behalf of a Principal. The authors also support improving EPoA guidance and professionalization to assist Attorney’s to carry out their duties with appropriate care.

A review of cases relating to EPoA in relation to real estate is novel and makes an important contribution to developing resources to educate Attorney’s and financial service professionals, including real estate agents.

This paper draws upon findings from a secondary analysis of suspected financial abuse cases in files of the Guardianship and Administration Tribunal in Queensland, Australia. The paper explores the association between formal and semi‐formal asset management arrangements and suspected financial abuse cases. The role of families as formal asset managers is also considered.

This paper aims to examine the investigation process employed by the Office of the Public Guardian (OPG). This process is used whenever an allegation of abuse is received against either an attorney acting under a registered lasting or enduring power of attorney or against a deputy appointed by the court of protection to make decisions on behalf of someone who lacks the capacity to make those decisions themselves.

Case studies are used to demonstrate both how the investigation process works in practice and how one works in partnership with other organisations to help safeguard vulnerable adults.

The OPG works in partnership with a range of other relevant organisations to protect vulnerable adults from financial abuse. It details the types of activities, the OPG investigating officer may undertake to examine allegations of abuse and the targets set to help ensure any allegations are investigated promptly and effectively.

The duties bestowed upon the public guardian under the Mental Capacity Act (MCA) 2005, together with a general growing awareness of financial abuse, have had a significant impact upon the work of the investigations team. The case studies included exemplify the kinds of outcomes in cases of abuse and also demonstrate how Attorneys are subject to the same investigative scrutiny as court appointed deputies.

Monday 1 October sees the implementation of the majority of the Mental Capacity Act 2005 (the Act). Parts of the Act came into operation in April 2007, namely the creation of a new criminal offence of wilful neglect or ill treatment, the provision of Independent Mental Capacity Advocates (IMCAs) in England, and the Code of Practice governing the Act.The months leading up to October have been an exceptionally busy time for the Public Guardianship Office (PGO). The new legislation creates a new Office of the Public Guardian (OPG), which will replace the existing PGO. But there is more to this change than a simple re‐arrangement of words, as shown in this article.

This paper explains the role, remit and mechanisms available to the Public Guardianship Office in relation to the administration of the financial affairs of adults unable to manage their affairs. A review of 51 cases suggests that in at least four per cent of those abuse may have occurred.

This paper highlights the case of David Cooper, a vulnerable adult who was financially abused. It discusses the indicators that may have alerted individuals and services to the risk of financial abuse, and the measures taken by those aware of David's potential vulnerability.

Responding to suspected financial abuse in residential aged care provides particular challenges to care managers. This paper aims to explore responses to financial abuse by care managers and the knowledge, policies and principles that guide practice in this context.

The research is part of a larger project exploring financial asset management and financial abuse in residential aged care in Australia. The thematic analysis reports on responses of care managers in 62 aged care facilities to survey interview questions and case scenarios presenting issues of alleged financial abuse.

Although most care managers accepted an obligation to act in response to suspected financial abuse, inconsistency and a lack of familiarity with policy are clearly demonstrated. Practice responses vary according to whether the primary focus is on residents, family or managing risk. Despite most reporting policies in place in the event of alleged theft, reports on the use of policies and protocols to guide responses to suspected misuse of an enduring power of attorney or undue influence are limited. The care manager's knowledge and approach to practice are crucial to framing the response.

The research provides insight into inconsistencies in responses to financial abuse in residential aged care, identifies good practice and outlines the limitations in knowledge of some care managers. It argues for the need to enhance understanding, support and training to further develop practice in this setting, particularly in relation to adult protection principles.

The Mental Capacity Act 2005 (MCA) was fully implemented in October 2007 within England and Wales as a framework for making decisions about incapacitated persons' care and treatment generally not amounting to a deprivation of their liberty (although such could be authorised under its powers by the new Court of Protection). From a planned date of April 2009, the MCA is to be enlarged by the provisions of the Mental Health Act 2007 (MHA 2007) to encompass deprivation of liberty, with the addition of a new framework of Deprivation of Liberty Safeguards (DOLS). The MHA 2007 also revised significant aspects of the Mental Health Act 1983 (MHA), which were implemented in November 2008. The interface between the MCA, as amended to include DOLS, and the revised MHA is complex and potentially ambiguous. This paper describes in detail some issues that may arise at the interface of the two acts, and seeks to inform professionals involved in the use of these legal frameworks of the resulting complexity.