PROTECT YOURSELF FROM FINANCIAL ABUSE - ‘I Care a Lot’ and UK law

Having recently won a Golden Globe, the Netflix movie I Care a Lot raises a key issue facing thousands of individuals in the UK – financial abuse. This is not only a concern for older people, but any adult in a vulnerable or emotional situation. Partner and Head of Legacy at Laurus Law and Private Client Adviser to Integrated Dispute Resolution Abigail Bird takes a look at the UK deputyship system surrounding older people and their finances, and what exactly you can do to protect yourself.

I Care a Lot is a film with a premise which would rightly concern older or vulnerable adults, and their loved ones. In the film, a con artist, Marla, is able to manipulate the courts into appointing her as the guardian of elderly individuals. Subsequently, Marla drains these people’s bank accounts and sells their possessions. The financial manipulation of elderly and vulnerable people is sadly becoming more and more of an issue as scammers become more sophisticated.

Luckily, in the UK we have safeguards in place to ensure such a scam would be extremely difficult to pull off. In England specifically, a deputy is appointed to manage one’s affairs if you’re unable to do so yourself – what’s known in the law as losing mental capacity. The deputy role is very similar to the guardianship role in the US system, but with a number of key differences to note.

Firstly, a deputy will be appointed by the Court of Protection – the Court Order will state what the deputy can and cannot do. This means they are not given free rein to use the donor’s assets as they wish.

In addition, the deputy preparing the application must name at least 3 people who know the person they are applying for, for example, your relatives, your social worker or family doctor, to be notified about the application. So, it is very unlikely a complete stranger would be able to take deputyship over you without any of these people raising concerns. On top of this, the deputy would need to submit annual reports to the Court of Protection on how they are using your funds – and prove how this benefits you. If the Court feels you no longer need a deputy, or if they are not using your funds correctly, they will be removed.

Most importantly, bear in mind that a Deputy has to always act in your best interests – and apply a high standard of care, which often means involving other professionals (GPs) and relatives as an additional safeguard. With the increased controversy of infamous conservatorships in the US and abuse of guardianships in I Care a Lot, the UK Courts are likely to only be even more vigilant with their assessments.

What can you do to take control of the situation?

Although, as I’ve explained, deputyships are always created in your best interests, ultimately the Court of Protection decide who to appoint as your attorney, whether it be a relative, friend or professional. They do not have to appoint the person who has applied to be the deputy. It often therefore comes as a relief to know you can appoint someone of your own choosing to care for you by setting up a Lasting Power of Attorney. To avoid worries of being taken advantage of if you ever lost mental capacity, you can not only choose your attorney or attorneys pre-emptively, but also stipulate what they can and can’t do with your care and finances.

To protect yourself from scammers, or anyone you feel doesn’t have your best interests at heart, a Lasting Power of Attorney lets you place people you truly trust in charge of your finances. Even if you are currently happy and able to manage your finances, having these documents in place gives you security and peace of mind that if the unexpected happens, you are protected from the Marla’s of this world.