Wolferstans’ Specialist Court of Protection Team Recovers Over £80,000 For Vulnerable Client After Financial Exploitation
Samantha Buckthought of Wolferstans LLP was appointed as a deputy by the Office of the Public Guardian (OPG) due to concerns regarding the activities of an attorney of James, a vulnerable adult. Additionally, James’ spouse, Claire, also required support, leading Samantha to act as deputy for both individuals.
Uncovering Exploitation
Katie Beauchamp, a Solicitor in the Court of Protection team, lead the matter and upon investigation found that James’ bank accounts were severely overdrawn, rendering him incapable of paying bills. Recognising the urgency of the situation, Katie intervened promptly, arranging for emergency funding from Adult Social Care (ASC) to provide essential resources such as food vouchers. Moreover, Katie went above and beyond by personally ensuring James had immediate access to heating and hot water through a delivery of oil to the property.
Challenges and Resolutions
The challenges in this case were multifaceted. A request was made to the bank as a matter of urgency to stop James’ cards immediately and prevent any further funds from being taken, however the bank's delayed response exacerbated the financial losses, causing James to lose a further £300.
Furthermore, it came to light that James had previously attempted to raise concerns with the bank about unrecognised transactions dating back almost 3 years. Regrettably, the bank's failure to acknowledge Claire's vulnerability and investigate the matter led to a staggering loss of £86,217 during this time.
Legal Action and Outcome
Katie pursued a formal complaint against the bank, highlighting their negligence and the severe consequences suffered by James and Claire. As a result, the bank took responsibility for their lapses and refunded a total of £87,514. This amount not only covered the stolen funds but also included a refund of fines for overdraft usage and a compassionate payment of £800 as an acknowledgment of their shortcomings.
Securing Future Security
With the recovered funds, Katie, Samantha and the expert Court of Protection team at Wolferstans ensured that James and Claire could fulfil their financial obligations, afford basic necessities, and cover care fees. The resolution of this case not only rectified the immediate financial crisis but also established safeguards to prevent future exploitation and negligence.
This case highlights the vital role of legal representation in safeguarding vulnerable adults from financial exploitation. Through diligent investigation, strategic advocacy, and decisive action, Katie successfully rectified the injustices faced by James and Claire, ensuring their financial security and well-being.
If you, or a loved one, require help or support from the expert Court of Protection team at Wolferstans, please do not hesitate to get in touch by phoning 01752 292201.