This article was written by Sheree Green for The Association of Lifetime Lawyers which can be found here
Financial abuse is ever on the increase; cold caller and doorstep scams, bank card fraud, romance and predatory marriage, rogue tradespersons, email and internet opportunism.
Court of Protection deputyship is seen as a remedy for individuals in vulnerable situations, who lack capacity to manage their own finances. It works as a protective measure, guarding against further financial abuse. But is it an effective shield against determined criminals and abusers?
Peter is an older man, with longstanding mental health issues and a history of admissions to psychiatric care. He is charming and courteous. He is always writing – working on his own life story. He resides in his own flat with support, but is fiercely independent and insists on doing his own shopping. I am his deputy. Peter has a bank card which our team monitor, to make sure he has sufficient for his needs.
Peter was walking home with his shopping when a white van pulled up and the driver started a conversation with Peter. They told him they were coming to his flat to carry out some checks for the landlord. They followed Peter home. He invited them in. They pottered about his flat for 15 minutes and then asked Peter for payment. Unbeknown to me, or the health professionals helping Peter, he had a longstanding stash of cash hidden in the flat. Peter handed over £2,000 to the two men.
When they had left, Peter was distraught. He told his care worker what had happened, and we rallied to support and reassure him. The money was gone, but Peter lost so much more than cash. It is not uncommon for those who fall victim to scams to feel shame and embarrassment. Peter’s confidence was shattered. He was reluctant to leave the flat. His physical and mental health deteriorated, and he is now preparing to move into a care home.
Deputyship was not enough to protect Peter from financial abuse. So what more is needed?
There is no strictly legal solution. Just as they say “it takes a village to raise a child”, it equally could be said that “it takes a community to keep our elders[KL1] safe”.
Did no-one notice the white van crawling along behind Peter as he made his way home? Perhaps not. But then again, a healthy dose of curiosity and the courage to mind other people’s business, not just your own, might make life a little trickier for those on the make, at the expense of a gentle man who was just going about his daily routine.
We also need to keep the conversation going around financial abuse. The more we talk about it, the greater the awareness and the less the stigma. After all, the shame belongs not to the victims, but to the abusers.
