⚖️ Care Act 2014 — Safeguarding Adults Framework
Under Care Act 2014 s.42, a local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the case of an adult who:
- has needs for care and support (whether or not the authority is meeting them)
- is experiencing, or is at risk of, abuse or neglect
- as a result of those needs is unable to protect themselves against that abuse or neglect
🔍 Types of Financial Abuse
Cash, jewellery, bank cards, or possessions taken by a family member, carer, or stranger.
Benefits or pension paid to someone else's account or spent without the person's knowledge or consent.
Attorney using LPA or EPA for their own benefit rather than the donor's best interests — a criminal offence under the Mental Capacity Act 2005.
Pressure to change a will or create a new one when the person lacks capacity to do so — potential undue influence or will fraud.
Online relationship built to gain the victim's trust, then requests for money. Victims transfer on average £10,000 before the fraud is identified (Action Fraud).
Rogue traders overcharging for shoddy or non-existent work; courier fraud (impersonating police); prize/lottery scams.
⚠️ Warning Signs — What Practitioners and Carers Notice
- Unexpected or unexplained withdrawals from bank accounts
- Bills unpaid despite having sufficient income
- Sudden changes to a will or lasting power of attorney
- Person is unaware of their financial situation
- Carer or family member is present at all appointments and answers for the person
- Possessions going missing or home appearing unkempt despite adequate income
- Person expresses fear about money or asking for anything
- Person appears unusually close to a new acquaintance online
- Signs of undue influence — carer speaks of inheriting the person's home
- Bank statements not accessible to the person themselves
- Person forced to sign documents they don't understand
- Sudden unexplained affluence in a family member
📄 Power of Attorney — Safeguarding Considerations
A Lasting Power of Attorney (LPA) gives an attorney the legal right to make decisions about the donor's finances (property & financial affairs) or health & welfare. Misuse of an LPA is a form of financial abuse and may be an offence under Mental Capacity Act 2005 s.44 (ill-treatment or wilful neglect) or the Fraud Act 2006.
- Refer to adult social care / MASH under Care Act 2014 s.42
- Report to the Office of the Public Guardian (OPG): 0300 456 0300
- OPG can investigate and apply to the Court of Protection to revoke the LPA
- Police referral if criminal offence suspected
- Assume capacity unless established otherwise
- A person cannot be treated as lacking capacity merely because of their diagnosis
- Best interests decisions must involve the person so far as possible
- DoLS (or Liberty Protection Safeguards when enacted) may be relevant for people in care homes
🏦 The Banking Protocol
The Banking Protocol is a national scheme through which bank branch staff can request immediate police assistance when they suspect a customer is being scammed or financially abused. It is operated by UK Finance in partnership with police forces and Trading Standards.
A bank branch calls police using a dedicated number. An officer attends to speak with the customer and can pause the transaction. No reported attendances resulting in a scam where the protocol was applied.
If you are supporting a vulnerable adult and suspect banking fraud, accompany them to the branch and flag your concerns to staff. Social workers can also contact their local fraud team directly.
Referral Pathways & Key Contacts
Report LPA misuse or concerns about a Deputy.
actionfraud.police.uk — report fraud and financially motivated cybercrime.
Free advice for older people and their families (Mon–Fri 8am–7pm).
UK's only charity dedicated to ending abuse of older people. Helpline free.
Statutory references: Care Act 2014 ss.42–47 (adult safeguarding) · Mental Capacity Act 2005 ss.4, 44 · Fraud Act 2006 · Theft Act 1968 · Care and Support Statutory Guidance (DHSC 2023)
Statistics: Age UK (2024) · NHS Digital Adult Social Care Statistics 2023/24 · SafeLives (safelives.org.uk) · Action Fraud