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Investigating financial harm the importance of information sharing Sandra McDonald Public Guardian.

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Presentation on theme: "Investigating financial harm the importance of information sharing Sandra McDonald Public Guardian."— Presentation transcript:

1 Investigating financial harm the importance of information sharing Sandra McDonald Public Guardian

2 Office of the Public Guardian? Power of attorney & guardianship OPG investigation service Recognising financial abuse Information sharing Way Forwards?

3 OPG

4 Based Falkirk, national remit, 70 staff

5 Locus: Adults with Incapacity (S) Act

6 Financial focus primarily

7 Support Advise (in exercise of function)

8 Supervise: Investigate

9 Power of attorney ? Guardianship?

10 legal document

11 Granted by [capable] individual Granted by a court

12 To person(s) they trust To suitable person(s)

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19 OPG - support and advice

20 Not supervised Supervised

21 Court options

22 Operational issues

23 Proxy unaware of responsibilities

24 Proxy unaware of Code of Practice

25 Proxy unaware of powers (extent or limit)

26 Proxy fails to make others aware

27 Proxies fail to communicate

28 Proxy unable

29 Proxy unsuitable

30 OPG Investigation Service

31 Free

32 Locus

33 Where there is apparent risk

34 Range of safeguards

35 Relies on referral

36 Referral often too late

37 Recognising Financial Abuse

38 Not easy…

39 … but the clues are often there

40 More likely to be someone known

41 Relationship to adult

42 Own financial history

43 ‘Flags’ from operational behaviour?

44 Changes in circumstances

45 Changes in behaviours

46 Changes in patterns

47 Failure to comply

48 Repeated excuses

49 Other abuse

50 We have to speak to each other

51 All a risk assessment exercise

52 Information Sharing

53 To share or not to share that is the question?

54 Problematic – both ways

55 Legal authorities?

56 Is confidentiality an excuse?

57 Way Forwards?

58 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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