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Elder Abuse
Date: December 2007
Mrs A, a wealthy spinster in her late 70's, was living in her own home and suffering the onset of dementia. She, like her mother before her, had been a member of the Jehovah's Witnesses for many years.
Mrs A, a wealthy spinster in her late 70’s, was living in her own home and suffering the onset of dementia. She, like her mother before her, had been a member of the Jehovah’s Witnesses for many years. Mrs A had not previously made a Will and now lacked the testamentary capacity do do so. She had come to the attention of the local Adult Protection Team who was concerned members of the religious body to which she belonged were actively persuading her to make a Will in favour of that body and also an Enduring Power of Attorney appointing one of them to deal with her money. Furley Page was asked by the Adult Protection Team to intervene on Mrs A’s behalf and as a matter of urgency.
A delicate balance had to be struck between affording protection to Mrs A, whose dementia left her vulnerable and exposed to potential abuse, whilst at the same time recognising Jehovah’s Witnesses invariably had a strong commitment to their religious body such that generous gifts to it were not unusual. Negotiations with Mrs A’s religious friends were not easy and they were unwilling to acknowledge Mrs A had lost capacity even although medical evidence confirmed that to be the case.
In the event, urgent action had to be taken to protect Mrs A and her assets whilst thought could be given over time to balancing the needs of Mrs A with the competing claims of the religious body to which she belonged and a statutory Will application made.
An order of Receivership (now Deputyship following the Mental Capacity Act 2005) was obtained from the Court of Protection appointing a member of the FurleyPage mental health team to act on Mrs A’s behalf thus protecting her financial assets and enabling the Receiver to manage those finances for Mrs A’s benefit. This prevented any attempt by others to persuade Mrs A to make a power of attorney and ensured she and her assets would be free from undue influence and abuse such that she could suffer loss. The Receiver was able to consider an application to the Court for a statutory Will to be made on Mrs A’s behalf which would, as near as possible, replicate her wishes if she had retained capacity.
In cases such as this, speed is often of the essence in order to prevent further abuse of an incapacitated person occurring. Furley Page, through its Private Client and mental health teams, has extensive experience of acting in these situations and is frequently consulted by Social Services and ancillary bodies as well as private clients to respond urgently to perceived need.
For more information contact Nicholas Andrews
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