Back
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Financial Abuse, Exploitation and Fraud Against Vulnerable People.
Financial abuse of vulnerable people is on the increase in the UK, despite the legal systems which are in place to protect them.
If someone lacks the mental capacity to manage their own affairs, someone will either be managing them informally (such as a friend or carer) or on a formal basis by a court-appointed deputy or attorney.
The specialist lawyers in Lanyon Bowdler’s Court of Protection understand the symptoms of financial abuse and are regularly instructed to assist with the removal of deputies and attorneys. Our Court of Protection Solicitors also advise in other circumstances, such as objections to an application to the Court of Protection by someone suspected as being unsuitable to act as an attorney or deputy.
Indicators of Financial Abuse
Being familiar with the warning signs makes it much easier to stop any suspected abuse at an early stage. Things to look out for include:
- Withdrawals of large sums of money from a bank account, or frequent cashpoint withdrawals.
- Signatures on cheques which don’t resemble the person’s signature, or cheques signed when the person can no longer write.
- Changes to the person’s will or the creation of a new will, sometimes using a new solicitor previously not known to the person.
- The sudden inclusion of additional names on bank accounts.
- Unexplained transfers of property or assets.
- The sudden interest of previously uninvolved relatives.
- Lack of basic things that the person should be able to afford, such as clothing and items of personal hygiene.
- Bills going unpaid when someone is meant to be paying them on the person’s behalf.
- Deliberate isolation of the person from their family and friends.
- Disappearance of valuable items from their home.
Remedies
Suspicions should first be given to your local police or council’s Vulnerable Adult Unit, depending on the circumstances.
Where the suspect is an attorney under a registered Enduring or Lasting Power of Attorney, or a court-appointed deputy, options include notifying the Office of the Public Guardian (OPG) who can investigate the claims under the Mental Capacity Act 2005, or applying directly to the Court of Protection to remove and replace the deputy or attorney – which is where Lanyon Bowdler would come in.
Testimonials
What our clients say.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
Martyn
via ReviewSolicitors
Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
Michael
via ReviewSolicitors
I was clearly informed of progress step by step. The service you provided was very good.
Peter Weston
Shrewsbury
All work carried out effectively and efficiently.
Hubert Jones
via ReviewSolicitors
An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
Eric
via ReviewSolicitors
From start to finish we had excellent service. Friendly, approachable and professional.
Carl Gittins
via ReviewSolicitors
Very clear, concise advice and guidance, easy to understand.
Ian Jamieson
Telford
Good service provided throughout with clear communication throughout with all options explored.
Lee
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Heather
via ReviewSolicitors
Responsive, supportive, approachable, clear and empathetic.
Lisa Thacker
Professional and prompt communication. Supportive and client focused.
Lisa Thacker
Jennifer M Whittall Ltd
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Lee Mortimer
UK Case Management
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Mark Bowkett
via ReviewSolicitors
Smooth and efficient service from very professional firm.
Tim
via ReviewSolicitors
We were particularly impressed with the quality of work, the speed and excellent communication.
Allenby Douglas Ltd
Oswestry
Very friendly and approachable. Very good advice
Ivor Brown
via ReviewSolicitors
Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
Paul Rowe
via ReviewSolicitors
Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.
Mr N J & Dr S J Browne
Llanfyllin
Contact Lanyon Bowdler
Please give us a call for a friendly, confidential, chat about how our court of protection solicitors can help. There is no obligation or charge for our initial assessment. Please contact a member of the team or complete our online enquiry form.
By choosing Lanyon Bowdler as your legal partner, you can rest assured that you have the best legal expertise on hand to help if you feel that someone under the protection of the Court of Protection is being unfairly or fraudulently mistreated
We are committed to providing exceptional levels of client care and will work closely with you and tirelessly to ensure the best outcomes no matter what you face. Our team have great experience in all Court of Protection matters including where Personal Injury Trusts are set up following settlements of brain injury claims
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands and Birmingham. As a leading full-service law firm, we can represent you wherever you live in England or Wales.
For more advice about how we can help, please contact Neil Davies, Head of Court of Protection, or a member of his team.
Our people
Meet the team.
Knowledge
Case studies.
Case Study
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Knowledge
Latest knowledge.
Podcast
The Roles of Professional Deputies and the Court of Protection: Matte Brasenell and Toni Reeves
Find out what a professional deputy does and how they support an individual who's lost capacity....
Podcast
The Defiant Brain Injured Teenager: Dawn Humphries, Lucy Speed and Andrew Worthington
Brain injuries can have a huge impact on an individual. In this episode, special guest Professor Andrew Worthington from...
Blog
Court of Protection Enquiries
Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Lanyon Bowdler in the Media
Inspirational Brain Injury Conference a Major Success
An event in Shrewsbury to celebrate inspirational people who battled back from life-changing brain injuries has been dec...
Case Study
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Podcast
Neil and Edward Rip Into & Expose the New Powers of Attorney Act
Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
Blog
Review of World Alzheimer’s Month 2023
IEach September, people unite from all corners of the world to raise awareness and to challenge the stigma that per...
Blog
What If Father Christmas Lost Capacity To M...
It’s that time of year where festivities are in full flow both at home and work. People are busy preparing for gath...
Blog
Navigating the Court of Protection: Selling...
As the population continues to age, the issue of financing long-term care for seniors has become an increasingly pr...
Blog
Explaining Legal Jargon in Court of Protect...
We understand that legal jargon can be a bit confusing and overwhelming and sometimes you need someone to explain w...
Accreditations
Our awards and accolades.
Contact us
Get in touch.
"*" indicates required fields