Edward Cumming QC speaks on ‘Deputy and Attorney abuse’ in Certainty Expert Webinar

18 May 2020

Edward Cumming QC speaks on ‘Deputy and Attorney abuse’ in Certainty Expert Webinar

“Deputy and Attorney Abuse – warning signs, prevention, and the role of the Will – A Bird’s Eye View from Certainty the National Will Register”

Edward Cumming QC and Paul Hewitt, Partner, Withers LLP, presented the above webinar which was viewed by over 300 participants.

The session covered the following issues:

  • How to spot deputy/attorney abuse?
  • Who is best placed to ascertain deputy/attorney abuse, and how to report your suspicions?
  • How should various stakeholders and advisers seek to safeguard against deputy abuse eg. inappropriate gifting
  • Who is best placed to make referrals of abuse to the OPG
  • What are the most common and not so common, signs of deputy or attorney abuse of power?
  • What role can the Will, and codicils, (past and present) contribute to the forensic audit trail in determining the intentions of the incapacitated individual?
  • How is the OPG safeguarding against abuse – there are 3.9 million LPA/EPAs and deputyships registered – does this mean a potential increase in abuse cases?
  • Is it too easy to apply online for a deputyship or LPA?
  • Who is overseeing abuse cases at the OPG?
  • How can you best go about establishing and proving abuse?

The speakers discussed the first costs order against the Public Guardian, in which Helen Galley was instructed on behalf of the Respondent. Click here to read the legal update.

The recording of the webinar is available to view here.