The Scams

In a world that is increasingly digital, we are all becoming ever more vulnerable to scams. Fraudsters seem to target older individuals with a disturbing degree of persistence and sophistication, often capitalising on loneliness, diminished cognitive capacity, or simple trust. The financial and emotional damage caused can be devastating not only for the victims themselves but also for their families.

The statistics are sobering. According to Age UK, an older person in England and Wales becomes a victim of fraud every 40 seconds. These scams take many forms:

• Phone scams: Fraudsters posing as bank officials or police officers claiming that a relative has been arrested or that there’s been fraudulent activity on an account.
• Romance scams: Manipulating elderly individuals into transferring large sums of money under the guise of online relationships.
• Doorstep scams: Rogue traders overcharging for unnecessary work, or pressuring individuals into handing over cash.
• Investment fraud: Offering ‘too good to be true’ financial opportunities, often leading to the loss of life savings.

One case that received national attention involved an 89-year-old woman in Ludlow who was duped into transferring over £100,000 to criminals. Unfortunately, there are many examples of elderly residents of Shropshire suffering financial abuse by scammers and even so-called friends and carers.

Age UK provide information and advice on how to spot and avoid the latest scams Scams advice – How to spot and avoid scams | Age UK

If you are worried about being scammed or someone you care about being scammed then there are steps you can take. At PCB Solicitors, we frequently advise families who are concerned about protecting elderly relatives from exploitation. One of the most effective tools at their disposal is the Lasting Power of Attorney (LPA). In this blog, I’ll explain how an LPA can offer real protection, and share examples that bring the issue into sharp focus.

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows a person (the donor) to appoint trusted individuals (the attorneys) to make decisions on their behalf, should they lose the capacity to do so. There are two types:

1. Property and Financial Affairs LPA – covering decisions about money, property, and bills.
2. Health and Welfare LPA – covering decisions about care, medical treatment, and daily routines.

A Property and Financial Affairs LPA can also take effect before the donor loses capacity, so that the attorneys can help them manage their day-to-day affairs legally. For preventing and managing fraud, the Property and Financial Affairs LPA is particularly important.

Early Action is Key

A common misconception is that LPAs are only needed when someone is already incapacitated. In fact, an LPA must be created while the person still has mental capacity, which is why early planning is so important. In addition, LPAs are not instant, they need to be registered the Office of the Public Guardian, which can take up to 4 months.

When taking instructions, I meet with every client to confirm that I am happy with their capacity levels, any concerns regarding capacity may lead to refusal to draw up the papers resulting in families being powerless just when their loved ones need them most.

Without the LPA, you would have need to apply to the Court of Protection for a Deputyship. This process is where the court assesses the application to deem if they believe that you can take over your loved one’s affairs. This can take over 6 months and incur additional costs and stress at an already difficult time.

How an LPA Can Prevent Scams

If an elderly individual becomes mentally incapacitated or even begins to show signs of confusion, having an LPA in place allows their attorney(s) to monitor accounts, step in, and take control of financial matters. This can include:

• Spotting and stopping unusual transactions
• Setting up alerts or limits on bank accounts
• Vetting unexpected bills or investments
• Protecting assets from being sold under pressure

An example of when an LPA could assist would be if your parent was suffering from early-stage dementia and was contacted by scammers pretending to be from their utility provider trying to setup direct debits and obtain bank details. An attorney who had already been appointed would be able to intervene quickly, cancel the fraudulent arrangements, and notify the bank and police.

Peace of Mind for the Future

Putting an LPA in place is not just a legal formality, it gives families the authority to safeguard their elderly relatives from an increasingly sophisticated web of scams. It’s a safety net that offers peace of mind for everyone involved.

If you’re concerned about a vulnerable loved one or want to put your own affairs in order, we’re here to help. PCB Solicitors can advise you on every step of the LPA process and help you create a plan that protects what matters most.

To speak to one of our team about setting up a Lasting Power of Attorney, get in touch with us on 01743 598044 to arrange an appointment at one of our local offices in Shrewsbury, Telford, Church Stretton, Ludlow or Knighton.

Finally… Please report any fraud or suspicious activity!

If you or anyone you know receives suspicious calls or has any information on these types of scams they should contact the police on 101. Further advice and support on avoiding scams can also be sought at the Action Fraud website www.actionfraud.police.uk