Misuse of Power Solicitors
Whilst the vast majority of Deputies act with integrity, it’s not uncommon for a Deputy to abuse their power. The role of Deputy is built entirely on trust, yet we’ve all heard stories of unscrupulous friends and family who have acted less than honestly. If you believe that a Deputy has misused their power, our Court of Protection solicitors are here to help.
What counts as misuse or abuse of power?
Whilst most Deputies have the protected party’s (P) best interests at heart and will strive to ensure everything is done ‘by the book’, there have, sadly, been incidents where Deputies have misused or abused their power.
The Deputy’s abuse or misuse of power is usually motivated by financial gain; however, you can challenge the conduct of a Deputy (and seek to remove them) if you suspect they are:
- Preventing P from seeing a loved one
- Failing to pay bills or other outgoings
- Not, where reasonable and in P’s best interests, involving P and their loved ones in care or financial decisions
- Making excessive, unauthorised gifts
- Applying for loans or credit cards in P’s name
A property and affairs Deputy will likely have the ability to give gifts on behalf of the vulnerable person. These might be for Christmas or birthdays; however, they have to be reasonable, proportionate and consistent with the value of gifts given before your loved one loses capacity.
The above list is not exhaustive, so if you have any concerns at all regarding the conduct of P’s Deputy, it is a good idea to seek advice from a Court of Protection solicitor if you have attempted to resolve the issue directly with the Deputy and it has not been successful.
Be vigilant and report your concerns
It’s primarily the Court of Protection’s responsibility to ensure that the needs of vulnerable people are protected. However, it’s often the friends and relatives of the loved one who are first to identify a misuse of power.
If you suspect that a Deputy is misusing their power or you’re concerned that they’re not acting in your loved one’s best interests, you can apply to the Court of Protection to replace them.
Our specialist misuse of power solicitors have experience with this situation and will investigate your concerns quickly. If we support them, we’ll help you make an immediate application to the Court of Protection.
What can I do if I suspect someone is misusing my relative’s money?
If the person you suspect is a deputy or has Lasting Power of Attorney, the Office of the Public Guardian must be informed. They’re responsible for the supervision of deputies and attorneys.
If the deputy or attorney isn’t acting in the best interests of the person they’re responsible for, you can apply to the Court of Protection to replace them. We have experience of this situation, so contact our specialist deputy lawyers for advice.
Contact our misuse of power solicitors in Bristol and South Gloucestershire
Any concerns reported to our misuse of power solicitors will be confidential and won’t be reported to the Deputies.
Our Court of Protection solicitors work with clients across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. To speak to us about a possible misuse or abuse of power, call 0117 325 2929 or complete our online enquiry form.