Powers of Attorney

Fabian Hamilton Excerpts

Tuesday 12th November 2024 Commons Chamber

[Fabian Hamilton (Leeds North East) (Lab)]

I beg to move,

That leave be given to bring in a Bill to make provision about Lasting Powers of Attorney; to place duties on banks in respect of Lasting Powers of Attorney; to make provision about the powers of the Office of the Public Guardian to investigate the actions of an attorney; to require the Secretary of State to review the effectiveness of the powers of the Office of the Public Guardian to investigate the actions of an attorney and of its use of those powers; to make provision about the duties of care homes in respect of Lasting Powers of Attorney; to require an attorney to notify the Office of the Public Guardian of the death of a donor; to require the Office of the Public Guardian to take steps to promote the facility to request a search of its registers of powers of attorney; and for connected purposes.

Six years ago, I moved the Marriage and Civil Partnership (Consent) Bill under the ten-minute rule. This was the first legislative attempt to stop the practice of predatory marriage—a cruel form of abuse in which a person marries an elderly or vulnerable person exclusively for the purpose of gaining access to their estate upon death. In the years since, it has become clear that there are other ways in which unscrupulous individuals may target the elderly and vulnerable. Today, I ask the House to try to close one of these procedural gaps that harm so many people.

The simplification of lasting power of attorney processes in recent years was, I believe, short-sighted, and I will explain why. If I were to describe all the instances of abuse that have been shared with me in recent months, I would need far more than my allotted 10 minutes. Owing to the time constraints, I will therefore share the testimonies of just four people who have consented to be named and are not subject to current legal proceedings.

The first is Carolyn Stephens, whose elderly, widowed father met a woman in 2012. At first, Carolyn was pleased that her father had found a new companion, but she grew concerned when this woman began answering her father’s phone. Over the next few years, Carolyn found herself systematically removed from her father’s life. First, her father was taken to a registry office, where the woman tried to marry him, but the registrar refused, saying that Carolyn’s father did not have the capacity because he could not even answer basic questions such as to provide his home address. A week later, a solicitor signed a piece of paper that gave the woman LPA over his finances, property, health and welfare, and the power to completely remove his daughter, Carolyn, from his life altogether.

After having had no contact for years, having suffered from emotional distress, accusations of abuse and harassment, and having no knowledge of where her father lived, Carolyn finally had a breakthrough. In December 2022, she found him on the electoral roll in a care home. The visiting log showed that her father was left alone for 346 days in 2022, without any visitors, not even on his birthday. Even after she found her father, the ordeal continued for several months. Eventually, the authorities acted and Carolyn was able to spend the last six months of her father’s life by his side.

Another victim-survivor is Ann Berry. Without discussion or notice, Ann was removed from both her partner’s LPAs because the Office of the Public Guardian had received two partial deeds of revocation apparently signed by him. However, because he had Parkinson’s disease and Lewy body dementia, he had been unable even to sign a cheque for at least the previous year. That was reported to the Office of the Public Guardian, but Ann was denied access to a screenshot of her partner’s signature to verify. For two years, the Office of the Public Guardian was unhelpful and consistently slow to respond to Ann. Her testimony shows how such protective bodies often prove to be toothless to those who need them most.

Another case is the story of Sareeta McLachlan, who has sadly not had the same resolution. Within two months of her mother being placed in a care home, her brother stopped Sareeta and other family members from taking her out for social and leisure activities. Five months later, he banned them from seeing her altogether, and the care home accepted his instructions as he had LPA. Her brother claims Sareeta was distressing their mother by trying to make her discuss financial affairs, and that their mother no longer wanted to see her. Nine years later, Sareeta’s nightmare continues, with no explanation given as to why certain family members cannot visit, other than her brother alleging that is their mother’s wish.

My final case history is that of my constituent Juliette Hirst. Juliette’s mother was proposed to by a man after having been in a relationship for just 17 days. Over the following 20 years, Juliette’s mother was coerced into only being allowed to speak on the phone if it was on loudspeaker, not being permitted to attend appointments alone, and not being allowed to decide which clothes she could buy or even wear. This culminated in the inheritance from her mother’s late sister being transferred into a joint account, then into an ISA in only the man’s name. He spent it all on new cars and on a much more expensive house, far away from the rest of the family.

Then Juliette’s mother received a terminal diagnosis. At her mother’s request, Juliette and her family arranged for a solicitor to visit to get her mum’s affairs in order. However, the husband would not allow the visit without him being present. He stopped feeding or bathing Juliette’s mother, and would not even help her to get to the toilet. When Juliette’s mother lay dying in St Gemma’s hospice, in my constituency, the husband bought another new car for £12,500 and transferred £50,000 into his bank account from their joint account while she was bed bound.

Almost as soon as Juliette’s mother had died, the husband immediately moved a new woman into their flat, dumping Juliette’s mother’s possessions outside in a bin liner. Juliette wrote to me and said:

“It is a repeating pattern of behaviour and there needs to be more help out there, especially for the families of these victims. Banks can’t talk to family members if they don’t have a Power of Attorney, but coercive controllers don’t allow any family members to get Power Of Attorney, as they want full control. There need to be changes with banks, otherwise there is no way of protecting the victims.”

She is absolutely right.

I have been made aware of a shocking case involving a lodger gaining LPA over their landlord, providing that individual with access to thousands of pounds in savings and the ability to remortgage, and of a man who could not even sign his own name, whose LPA was signed away using just his finger print. The scale of the abuse is already alarming and the simplification of obtaining lasting power of attorney is proving to be fuelling the fire. I am sure there are more, as yet unknown, victim-survivors.

My Bill is focused on prevention, removing the incentive for unscrupulous individuals to take advantage of vulnerable older people. Between 2019 and 2024, some 1,066 cases were received involving victim-survivors and lasting power of attorney by the Hourglass helpline. Between the same dates, casework interactions where powers of attorney were mentioned totalled 3,436. Some 2,251 of those cases were related to economic abuse. Of the 7,973 risk-assessed safeguarding concerns raised in 2022-23, some 7,175—or 90%—resulted in no action by the Office of the Public Guardian.

Family court data shows that over 50% of donors are over 75 years old at the point of the registration of their LPA. That means that, since 2008, over 4.5 million people were over 75 when they registered their LPA. They are vulnerable to this type of abuse. My Bill calls for the implementation of Government-regulated safeguarding procedures for all banks over the way they deal with LPAs and the accounts of donors. That would include contacting the donor or a GP before an LPA is activated, and monitoring spending prior to and after the LPA is activated.

There must be new powers for the relevant authorities to hold the Office of the Public Guardian to account on dealing with potential cases of abuse, including oversight of freezing orders that are rarely, if ever, used. Immediate freezing orders should be used for those under investigation, so they cannot pay their own legal fees with the donor’s funds, as has happened on many occasions.

The Office of the Public Guardian needs to remove its financial sustainability mission statement in favour of a mission about the safeguarding of vulnerable people. There should be more effort to publicise the OPG100, which enables the public to find out whether someone has a lasting power of attorney. That should include the introduction of online notices after the signing of an LPA and before the registration of such an agreement.

Care homes have a duty to protect new residents who lack capacity and where an attorney produces power of attorney. A care home, or other provider, should have an obligation to update the register with the Office of the Public Guardian.

Finally, I am grateful to Andrew Bishop of Rothley Law for the help he has given me in this campaign, as well as the four courageous people whose cases I have mentioned. The abuse I have described is clearly widespread. Cases from up and down the country are becoming more evident every day. I believe it is time we act to prevent such appalling injustice, and I commend this Bill to the House.

Question put and agreed to.

Ordered,

That Fabian Hamilton, Bambos Charalambous, Mr Mark Sewards, Paula Barker, Layla Moran, Tim Roca, Chris Law, Alex Sobel, Yuan Yang and Andrew George present the Bill.

Fabian Hamilton accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 17 January 2025, and to be printed (Bill 126).