There is the necessity to protect vulnerable adults through safeguarding practices. However, at the same time safeguarding practices have on occasions resulted in false abuse accusations against Attorneys acting under a Lasting Power of Attorney (LPA) or deputys. Such accusations trigger an Office of the Public Guardian investigations also a safeguarding investigation by the local authority. Where an investigation proves false the resulting fallout between family members can be quite damaging.
Investigations of Abuse Allegations
An OPG abuse investigation is designed to establish if there are grounds for removing an LPA Attorney or Deputy. Often the Public Guardian will investigate and based upon the investigations results decide to pursue the matter through the Court of Protection.This is a formal process to establish, a) liability and b) removal of an Attorney or Deputy.
Local Authority investigations are designed to establish what harm, if any might be arising against the vulnerable adult or person lacking capacity.
Signs of Abuse
There is no one way of correctly identifying signs of abuse. Where any suspicions arise they must be acted upon. Where there is cause for concern directions from the court or from another suitable professional should be sought immediately. Signs that a person is suffering abuse will differ from case to case and may manifest in different ways. Some examples are given below:
Financial The person lacking capacity may only come to realise that financial abuse has occurred when there is no money left. Where undue pressure occurs, this may show through either physical or emotional signs. For example; Theft. Fraud. Undue pressure. Misuse of property, possessions or benefits. Dishonest gain of property, possessions or benefits.
Physical Any form of bruising or abrasions which the person cannot easily explain, or that appear following the visit of any individual. This may show when a person shrinks back or appears fearful about physical contact, or where a person appears frightened of returning home or visiting someone. For example; Slapping, pushing, kicking or other forms of violence. Misuse of medication (for example, increasing dosage to make someone drowsy). Inappropriate punishments (for example, not giving someone a meal because they have been ‘bad’).
Sexual A person may either shun personal contact, or be over-friendly, seeking to gain attention or approval. Where there has been physical sexual contact, there may be difficulty in moving about or sitting down. For example; Rape. Sexual assault . Sexual acts without consent (this includes if a person is not able to give consent or the abuser used pressure).
Emotional A person might become more demanding or respond unexpectedly to routine situations. The person may harm themselves or act differently around certain people. They may become more anxious, depressed or prefer to remain isolated. For example; Emotional abuse. Threats of harm, restraint or abandonment. Refusing contact with other people. Intimidation. Threats to restrict someone’s liberty.
Neglect The person may begin not to care about what happens to them or how they look. They might seek attention, but then not know how to respond appropriately when offered comfort. Their personal hygiene and overall presentation may deteriorate. For example; Ignoring the person’s medical or physical care needs. Failing to get healthcare or social care. Withholding medication, food or heating.
How we can Help you
We can assist you with examining the evidence to establish the merits of the claim about abuse accusations. If someone is challenging you or accusing you of abuse contact us now to discuss how we can advise you.
Contact us Now on 0207 060 1210