Hundreds prosecuted for abusing power of attorney

More than 2,000 cases of abuse of power of attorney are investigated each year by the public guardian for England and Wales, the Times reports. Alan Eccles, the public guardian, said that about half of those cases trigger some action and the “vast majority of concerns involve some sort of financial abuse or neglect”. Over the past year about 250 cases resulted in court prosecutions, most of which were successful. Only a small number of cases involve allegations of physical abuse. The paper notes that the number of people in England and Wales registering lasting powers of attorney has increased significantly as the population ages and awareness of dementia and other age-related conditions that affect mental capacity has risen.

The Times, Page: 2

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In 2023 there were 122 contested probate cases, up from 116 cases in 2022, according to the Ministry of Justice Family Court Statistics.

Philip Collins, Partner at Winckworth Sherwood, said that it “isn’t at all surprising” that there has been a rise in contested probate claims. He said: “We know that significant amounts of wealth, often tied up in property, is currently being passed down to younger generations. Inherited wealth is becoming increasingly important and can often […]