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Published byTimothy Bates Modified over 9 years ago
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Investigating financial harm the importance of information sharing Sandra McDonald Public Guardian
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Office of the Public Guardian? Power of attorney & guardianship OPG investigation service Recognising financial abuse Information sharing Way Forwards?
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OPG
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Based Falkirk, national remit, 70 staff
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Locus: Adults with Incapacity (S) Act
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Financial focus primarily
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Support Advise (in exercise of function)
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Supervise: Investigate
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Power of attorney ? Guardianship?
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legal document
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Granted by [capable] individual Granted by a court
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To person(s) they trust To suitable person(s)
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OPG - support and advice
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Not supervised Supervised
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Court options
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Operational issues
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Proxy unaware of responsibilities
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Proxy unaware of Code of Practice
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Proxy unaware of powers (extent or limit)
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Proxy fails to make others aware
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Proxies fail to communicate
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Proxy unable
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Proxy unsuitable
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OPG Investigation Service
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Free
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Locus
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Where there is apparent risk
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Range of safeguards
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Relies on referral
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Referral often too late
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Recognising Financial Abuse
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Not easy…
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… but the clues are often there
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More likely to be someone known
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Relationship to adult
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Own financial history
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‘Flags’ from operational behaviour?
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Changes in circumstances
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Changes in behaviours
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Changes in patterns
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Failure to comply
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Repeated excuses
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Other abuse
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We have to speak to each other
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All a risk assessment exercise
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Information Sharing
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To share or not to share that is the question?
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Problematic – both ways
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Legal authorities?
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Is confidentiality an excuse?
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Way Forwards?
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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
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