Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the City of London Police figures published on 7 September 2026 on fraud by abuse of position, what assessment he has made of the adequacy of existing safeguards against the financial abuse of older and vulnerable people through (a) powers of attorney and (b) the administration of estates.

The Government recognises concerns about the financial abuse of older and vulnerable people, including abuse by individuals in positions of trust, and is committed to taking action under the Fraud Strategy 2026-2029.

The law contains a range of safeguards to protect older and vulnerable people from financial abuse in relation to powers of attorney. Lasting powers of attorney (LPAs) require a certificate provider to confirm there was no fraud or undue pressure in making the LPA, and they must be registered by the Office of the Public Guardian (OPG) before use. OPG can investigate concerns about how attorneys exercise their powers, and where necessary will refer matters to the Court of Protection, local authorities or the police.

However, where no LPA exists, for example if an individual is falsely claiming to act under a power of attorney, responsibility sits with the relevant organisation, such as a bank, to undertake appropriate checks before accepting the individual’s authority. The Government’s modernising LPA project will further increase protections by giving legal status to OPG’s use and view service, which allows parties to check the status of an LPA in real time.

The law similarly contains a range of safeguards in relation to wills and the administration of estates. For a will to be valid, the testator must have the required testamentary capacity, intend the document to operate as their will, understand and approve its contents, and make it free from undue influence, fraud or forgery. The validity of a will may be challenged before the courts on any of these grounds. Personal representatives and executors are also under a legal duty to administer estates properly and may be subject to court action, including being removed or replaced by the court, or to criminal investigation where misconduct or fraud is alleged.

The Government is currently considering the recommendations made by the Modernising Wills Law report published by the Law Commission in 2025 (Modernising wills: Final report – Law Commission), including recommendations intended to strengthen protections for vulnerable testators, and will respond in due course.