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Financial Abuse of Older Clients: Law, Practice and Prevention

Bloomsbury Family Law

By (author) Ann Stanyer
Format: Paperback / softback
Publisher: Bloomsbury Publishing PLC, London, United Kingdom
Imprint: Bloomsbury Professional
Published: 26th May 2017
Dimensions: w 148mm h 229mm d 23mm
Weight: 515g
ISBN-10: 1784515493
ISBN-13: 9781784515492
Barcode No: 9781784515492
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Synopsis
'This book is best suited to those seeking to learn about and update their knowledge of the area generally and to act as a toolkit for professionals.' Holly Chantler, Director, Solicitors for the Elderly Financial Abuse of Older Clients: Law, Practice and Prevention is written in a practical, accessible style providing analysis, comment and in-depth analysis helping solicitors and others to be proactive in protecting their older clients. It covers: what financial abuse is; who is vulnerable to such abuse; the vulnerable but mentally capable; who the perpetrators of financial abuse are; the form financial abuse takes highlighting indicators and abuse red flags, typical actions of the financial abuser, typical losses and undue influence; how to prevent financial abuse and the steps that should be taken when it is discovered; the protection of the individual and how to recover assets; foreign aspects - Eire, USA, Scotland, Wales and Northern Ireland; reforms; and appendices including statement of wishes and values, a financial abuse warning card for professionals and statistics from Court of Protection Cases 2014-2016. Filled with detailed, practical guidance and advice and drawing together case law and legislation Financial Abuse of Older Clients is a comprehensive work written by a private client solicitor with nearly 30 years' experience that no family law practitioner or professional faced with this ever increasing area of law should be without.

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Ann Stanyer's "Financial Abuse of Older Clients: Law, Practice and Procedure" provides an overview of the issues, law and practice in this complex and increasingly common area of the law.

Issues covered by the book include "what is financial abuse", "who is vulnerable to financial abuse", "who are the perpetrators of financial abuse", "what form does financial abuse take", and "how to prevent financial abuse and what steps to take when it is discovered". It concludes by considering the future of the protection of the elderly and includes consideration of protection measures and approaches in other countries.

The book is written in a clear manner and brings together various statutes, case law and other sources of practice, such as guidance notes issued by the Office of the Public Guardian. It covers rules and practices in relation to Enduring Powers of Attorney, Lasting Powers of Attorney and deputyship orders, as well as other forms of relationship and examines the duties and responsibilities of appointed representatives, such as attorneys and deputies, and professional organisations including banks and local authorities.

For the practitioner, it identifies risk factors and gives guidance to help identify abuse and offers suggestions to improve practices. There is a useful professional abuse warning card for professionals at Appendix B of the book, which can be shared with colleagues across departments and would be of particular assistance to those who do not regularly deal with issues relating to financial abuse.

This book is best suited to those seeking to learn about and update their knowledge of the area generally and to act as a toolkit for professionals. -- Holly Chantler, Director * Solicitors for the Elderly * ... very engaging. It boasts a comprehensive selection of cases that have been through the court, helping professionals to advise clients in ever more complex circumstances ... provides a useful overview of all the relevant aspects of dealing with abuse of the elderly client ... Stanyer's passion to raise awareness of financial abuse in the elderly is to her credit. -- Law Society Gazette ...a useful toolkit to carry around and consult as needed. References are made throughout to actual clients and scenarios Ann has encountered in her nearly 30 years in practice, adding to the practical element and ease of applicability of the law covered... -- LawSkills