In a recent crackdown on rogue carers stealing money from older people, the Ministry of Justice has launched a review of the outdated power of attorney system. This system protects older and vulnerable individuals.
This will give the government greater powers to seek out abusive carers of those who cannot manage their own financial or health affairs, usually due to disability or old age.
Millions of older and vulnerable people will benefit from stricter rules on who can take control of their money under “major reforms,” it said.
What Proposed Changes Mean
Proposed rule changes would grant the Office for Public Guardian greater powers to oversee power of attorney. Moreover, they will be able to come down harder on abusers by allowing them to conduct more substantial checks into suspected lawbreakers.
Investigations into carers misappropriating funds have risen steadily in recent years as more people have signed up to the safeguards. As a result, misappropriation includes cases where individuals siphon funds set aside for care fees into their accounts, essentially stealing money from older people.
The review will examine the potential for moving more applications online, which are currently required to be signed in person. This introduces remote witnessing of legal documents. Additionally, it provides methods to minimize the risk of applications being rejected due to avoidable errors on application forms.
The government will consult on introducing an urgent service to fast-track the most vulnerable to the front of the queue. This will include older people.
Hopefully, the reforms will overcome delays which can leave vulnerable and older people exposed to criminal gangs or unable to cover their costs.
Next Steps
Once someone loses the capacity to manage their own money, it is too late to put the safeguards in place. For example, if they develop dementia, serious mental health problems, or fall into a coma. Consequently, families must resort to obtaining superseding legal permissions via the Court of Protection. This is far more onerous, time-consuming, and costly.
Paper application forms will still be available for those who do not or cannot use computers.
Please contact Ollie and the team at Tyto Law. We can disccus helping you set up a Lasting Power of Attorney.