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How To Counter-Attack If LPA Fraud Has Taken Place

Posted: Thursday, 30 May 2024 @ 13:14

With respect to possible LPA fraud and unauthorised transactions, if unfortunately the stable door has already bolted(and if you did object to the LPA that did not work) and you have access to the Donor’s Bank statements(not always easy to get), we suggest the following during the lifetime of the LPA Donor:

• You can report your concerns to the Office of Public Guardian. Anyone can report a deputy or attorney to the OPG if they have concerns about their actions. You can report by using their form OPG130 or by contacting the OPG directly  the Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH  Tel : 0115 934 2777.  

• Go to Social Services - If there is no deputy or attorney in place, you can  raise a Safeguarding Alert with the local Social Services Safeguarding Adults team, who should investigate allegations of financial abuse and, where appropriate, involve the relevant authorities.

• Consider approaching the bank. Most Banks have signed up to a Financial Abuse Code of Practice which can be of use.

• Consider a possible civil action for undue influence or a breach of trust and/or fiduciary duty claim and could extend to making an application for an injunction in order to prevent the former attorney from disposing of, or dealing with, assets. It may also be necessary to pursue civil proceedings in order to recover the funds.

• Apply to the Court of Protection, including applications to appoint a deputy, for a declaration as to the vulnerable person’s capacity and for the removal of attorneys and deputies.  The Court of Protection may assist to a certain extent by way of an order to repay funds to the donor of the LPA.

• Consider reporting to the police. It is unlikely to work, but can do.