Financial abuse of the elderly is a shame on our nation. That the abuser is often the elderly person’s own offspring, acting under a Lasting Power of Attorney (LPA), is disturbing. And let’s not mince words; we’re talking about children stealing their parents’ money.
We may all be affected by loss of mental capacity in our lifetime; whether it is ourselves or a loved one. Illness, accident or even old age can have a devastating effect on our ability, and the ability of people around us, to manage day to day life. So what happens if a loved one, family member or friend loses the ability to manage their own finances?
If only there was a simple answer to this question but it is something I have been musing over. I am a solicitor and a professional Deputy – this is what I do, it is my job, but how do I know whether I am actually good at it? Obviously I would like to think I am, but then again most of us think we are quite good at our jobs don’t we!
In the case of EJ (as attorney for DMM) and SD, the Court of Protection was asked to decide on the relevant test for establishing a person’s capacity to marry in circumstances where it would automatically revoke their will, and subsequently whether the requirements of that test were satisfied in this case.