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Law Society re: financial abuse

jaymor

Volunteer Moderator
Jul 14, 2006
12,678
England
Thanks for that link, as you say a very interesting read and very useful for members of TP.
 

Chemmy

Registered User
Nov 7, 2011
7,592
Yorkshire
That's a useful reference document, Norfolkgirl. Easy to read and from an impeccable source.

I've tagged it 'law society' and 'financial abuse' so we can find it again.
 

LYN T

Registered User
Aug 30, 2012
6,962
Brixham Devon
That's a useful reference document, Norfolkgirl. Easy to read and from an impeccable source.

I've tagged it 'law society' and 'financial abuse' so we can find it again.
Thanks for doing the tagging Chemmy. And thanks to Norfolkgirl. Indeed a very good document for everyone to read. Thank you
 

WILLIAMR

Account Closed
Apr 12, 2014
1,078
This is interesting but I still think it is too easy to get accused of financial abuse.
I was speaking to a roofer about 2 years ago and an elderly lady wanted him to put a new roof on her bungalow.
He looked it and he said it only needed about £400 worth of repairs and he could not see the sense in replacing the roof.
The bungalow was only about 20 years old.
In the end he managed to speak to the offspring and they said go ahead and replace it if that is what the mother wanted.
In my opinion that roofer did take reasonable steps to prevent him being accused of trying to sell a vulnerable lady unnecessary work but some people might not agree.

William
 

Chemmy

Registered User
Nov 7, 2011
7,592
Yorkshire
This is interesting but I still think it is too easy to get accused of financial abuse.
I was speaking to a roofer about 2 years ago and an elderly lady wanted him to put a new roof on her bungalow.
He looked it and he said it only needed about £400 worth of repairs and he could not see the sense in replacing the roof.
The bungalow was only about 20 years old.
In the end he managed to speak to the offspring and they said go ahead and replace it if that is what the mother wanted.
In my opinion that roofer did take reasonable steps to prevent him being accused of trying to sell a vulnerable lady unnecessary work but some people might not agree.

William
I can't see why anyone would see those circumstances as financial abuse. In fact, the following section taken from the Law Society guidelines shows that the family reacted correctly too:

3.3.3 MCA 2005 and undue influence or misuse of power

Under MCA 2005, there remain a number of decisions where case law determines whether or not the person has the capacity to decide a matter.

.... You should be careful to distinguish between the ability to express a choice ......and the capacity to understand the consequences and effects of a transaction involving the client's own interests. Under the MCA principles above, their choice does not have to be a wise one or one that you agree with.
It may not have been the wisest decision to replace the roof, but at least the family respected her right to decide how to spend her own money.
 
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WILLIAMR

Account Closed
Apr 12, 2014
1,078
I can't see why anyone would see those circumstances as financial abuse. In fact, the following section taken from the Law Society guidelines shows that the family reacted correctly too:



It may not have been the wisest decision to replace the roof, but at least the family respected her right to decide how to spend her own money.
Hi Chemmy

I would agree if the facts are not disputed then the roofer would be ok.
I would imagine the facts would be disputed in a lot of these types of cases.

William
 

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