Financial Abuse: A Practical Guide to Removing Attorneys and Deputies

Financial abuse is becoming a growing concern for our society. It is no longer uncommon to see news headlines reporting on the abuse of vulnerable people who place their confidence in those who subsequently abuse their trust. In particular, attorneys and deputies who are authorised to handle the finances of someone who lacks capacity. In some cases, the Police will play an active part and the perpetrator is prosecuted and sentenced. But how about the other cases which the Police do not investigate? What can be done in our civil courts to protect those who lack the capacity to protect themselves? In ‘Financial Abuse: A Practical Guide to Removing Attorneys and Deputies’ Mitra Mann draws from her experience and takes the reader through the relevant statutory principles and case law to address: How to identify and spot the signs of financial abuse What evidence to collate if there are concerns regarding an attorney’s or a deputy’s conduct Who to contact in the first instance to raise concerns When is it appropriate to make an application to the Court of Protection to prevent or stop financial abuse The costs implications of making such an application And finally, what can be done if financial abuse is uncovered post death ABOUT THE AUTHOR Mitra Mann is a specialist private client litigator in contentious probate and Court of Protection matters. She deals with cases involving wills and inheritance disputes, executor and trustee removal, restoring a vulnerable person’s estate in the High Court and a range of Court of Protection applications. Mitra is particularly passionate about protecting vulnerable adults. She is a trained Dementia Friends Champion dedicated to raising awareness of mental capacity issues locally and nationally. One way of preventing financial abuse, whether done intentionally or unintentionally, is to share information with other professionals, carers, financial advisers, attorneys and deputies. To this end, Mitra published her first book in 2024: “Court of Protection – a Practical Guide to Gifting”. She has also written articles and delivered webinars and seminars in several Court of Protection practice areas. CONTENTS Chapter One – Financial Abuse Chapter Two – Creating a Valid LPA – The Importance of a Suitable Attorney and Certificate Provider Chapter Three – Applying for a Deputyship Order Chapter Four – What to Do if There Are Concerns Regarding an Attorney Before the LPA Instrument Is Registered? Chapter Five – What to Do if a Registered Attorney or a Deputy Breaches Their Duty? Chapter Six – Instances Where Attorneys and Deputies Have Been Removed and Replaced by the Court of Protection Chapter Seven – Checklist for Practitioners – Is It Appropriate to Make a Removal Application? Chapter Eight – Preparing a Removal Application Chapter Nine – Issuing the Application and Getting to the Final Stage Chapter Ten – Costs Consequences in the Court of Protection Chapter Eleven – Misconduct Discovered Post Death and Concluding Remarks