Children are more likely to rob their elderly parents of their valuables, money, and even their homes than anyone else, according to a recent report from charity Action on Elder Abuse.

The findings, which came from an analysis of almost 500 calls to the charity’s helpline, revealed that 53 per cent of theft, fraud and deception was committed by the victims’ children. More than £2 million was reported as stolen or coerced from them in the last year and on top of that 18 houses were reported as having been sold or given away without the owner’s consent, with a further13 homes given away under emotional pressure including blackmail.

Many pensioners are victims of their close relatives’ greed and are regarded as easy targets if they have disabilities or suffer dementia. While this may seem inconceivable to most, it is a sad truth that needs to be accepted, not least by older people themselves.

It is essential that proper legal advice is sought. Solicitors for the Elderly (SFE) are a national association of lawyers providing legal advice to older people, their family and carers. Solicitors who are members of this association have expertise in dealing with legal services typically required by older people, including wills and powers of attorney.

Claire Davis, Private Client Partner at Rubin Lewis O’Brien Solicitors and a member of Solicitors for the Elderly says: “It causes me great concern that older people are at risk of financial abuse. By seeking appropriate advice from a specialist solicitor, they should feel confident that adequate precautions will be taken to ensure that their wishes are followed and that the risk of financial abuse as a result of lack of capacity, coercion or otherwise is minimised.

“As a member of SFE, I appreciate how vulnerable some older clients feel. As a result, we ensure that the elderly client is a willing and capable participant in his or her instructions and has the requisite capacity and level of understanding to make the decisions he or she wants, while realising the risks and benefits of such choices. Most importantly, we deal with matters tactfully and sensitively to ensure that the older person is not being forced or influenced to make choices that he or she would not really wish to make.”

Formal systems such as a will - which will ensure valued assets are protected and passed to the beneficiaries of choice - or an Enduring Power of Attorney - whereby a person can grant another person the power to act on his or her behalf with regard to his or her property and financial affairs - will go someway in offering protection to elderly people. Sadly family members won’t always ‘do the right thing’ despite what we think. Disputes over assets are not uncommon and therefore protection is vital.

Continues Claire: “From October of this year it will be possible to make a ‘lasting power of attorney’ under the new Mental Capacity Act. This will enable individuals to choose a person to make decisions regarding their health and welfare, as well as their finances. As this piece of legislation has yet to formalised, a big question mark still hangs over its effect and benefits.

“Although no system is 100% foolproof, seeking the appropriate specialist advice will go some way to helping protect the older person from the risk of such abuse as highlighted by the survey.”

Claire Davis, Private Client Partner at Rubin Lewis O’Brien, is a member of the national association ‘Solicitors for the Elderly’ (SFE) that specialises in advising older people. For further information visit www.solicitorsfortheelderly.com or contact Rubin Lewis O’Brien on 01633 867000.

Rubin Lewis O’Brien employs 70 staff from its offices in Cwmbran and Cardiff and offers a complete range of legal services.