💰 Financial Abuse of Vulnerable Adults

⚖️ Care Act s.42 Threshold

Duty to enquire is triggered when the adult:

• Has needs for care and support
• Is experiencing or at risk of abuse or neglect
• Is unable to protect themselves as a result of those needs

Financial abuse is one of 10 categories in the Care and Support Statutory Guidance. It includes: theft, fraud, scamming, coercion, misuse/misappropriation of property, possessions or benefits.

🔍 Types of Financial Abuse

• Theft of cash, cards, jewellery, or possessions
• Benefits/pension paid to or spent by another person
• LPA/EPA misuse — attorney acting for own benefit
• Coerced changes to wills when person lacks capacity
• Romance fraud — average victim loses £10,000+
• Doorstep scams — rogue traders, courier fraud
• Extortion or undue influence over financial decisions
• Blocking access to own bank accounts or assets

⚠️ Warning Signs

• Unexplained withdrawals; unpaid bills despite adequate income
• Person is unaware of their financial situation
• Carer answers all questions; present at all appointments
• Sudden changes to will or lasting power of attorney
• Bank statements not accessible to the person
• Possessions disappearing or home unkempt despite income
• Person fearful about money or asking for anything
• New acquaintance has excessive involvement in finances

📄 LPA / MCA Considerations

LPA misuse is an offence under MCA 2005 s.44 (ill-treatment or wilful neglect) and the Fraud Act 2006.

• Assume capacity unless established otherwise
• A diagnosis alone does not mean loss of capacity
• If LPA misuse suspected → report to OPG: 0300 456 0300
• OPG can investigate and apply to Court of Protection
• Police referral if criminal offence suspected
• MASH referral under Care Act 2014 s.42

🏦 Banking Protocol

UK Finance scheme allowing bank staff to call police when they suspect a customer is being financially abused or scammed.

• Police attend the branch and can pause a transaction
• Branch staff call a dedicated police number (not 999)
• If supporting a vulnerable adult: flag concerns to branch staff
• Social workers can contact local police fraud team directly
• No known case where banking protocol was applied resulting in loss

📞 Key Contacts