Investigating financial harm the importance of information sharing Sandra McDonald Public Guardian
Office of the Public Guardian? Power of attorney & guardianship OPG investigation service Recognising financial abuse Information sharing Way Forwards?
OPG
Based Falkirk, national remit, 70 staff
Locus: Adults with Incapacity (S) Act
Financial focus primarily
Support Advise (in exercise of function)
Supervise: Investigate
Power of attorney ? Guardianship?
legal document
Granted by [capable] individual Granted by a court
To person(s) they trust To suitable person(s)
OPG - support and advice
Not supervised Supervised
Court options
Operational issues
Proxy unaware of responsibilities
Proxy unaware of Code of Practice
Proxy unaware of powers (extent or limit)
Proxy fails to make others aware
Proxies fail to communicate
Proxy unable
Proxy unsuitable
OPG Investigation Service
Free
Locus
Where there is apparent risk
Range of safeguards
Relies on referral
Referral often too late
Recognising Financial Abuse
Not easy…
… but the clues are often there
More likely to be someone known
Relationship to adult
Own financial history
‘Flags’ from operational behaviour?
Changes in circumstances
Changes in behaviours
Changes in patterns
Failure to comply
Repeated excuses
Other abuse
We have to speak to each other
All a risk assessment exercise
Information Sharing
To share or not to share that is the question?
Problematic – both ways
Legal authorities?
Is confidentiality an excuse?
Way Forwards?
Plan ahead Develop policies procedures etc to cover broadly what can be given to whom when but which allows discretion. Identify who / how etc discretionary decisions are made Policies includes the relevant legal basis’ Know each other’s’ roles Have an Information Sharing Protocol