This book exposes the common misconception that financial abuse – including theft and fraud – is inflicted by individuals or organisations at arms-length, by people largely unknown to the victim. In fact a significant amount of financial abuse is inflicted by those much closer to home, namely family members. There is clear evidence that fraud is done by family members and the problem is understated within society. While many people are likely to be cared for with integrity by family members this is not always the case. This book seeks to cover the legal issues dealing with financial abuse and to help lawyers and other experts come up with practical solutions to help the people they work with.
It provides an introduction to set the scene, covers conduct of elderly fraud cases and has a chapter on undue influence of wills, challenging the executor and the removal of executors. In addition, the book has chapters on will validity and fraud, undue influence of lifetime transactions, Part 64 proceedings and covers lasting powers of attorney, court of protection and deputyship fraud. At all points the book seeks to communicate in practical terms and to encourage the reader to think about positive and accessible solutions when helping those they represent.
