The above scenario has been increasing to such an extent that the Court of Protection are revoking LPAs in order to protect the victim’s best interest.
A recent and prime example is the case of Re ARL  EWCOP55 where an 86-year old mother of two adopted children, aged 59 and 52 had her son steal the majority of her financial assets. He sold her home and kept the majority of the proceeds for himself, which he claimed had been ‘borrowed’ due to difficult personal circumstances. The mismanagement of his mother’s financial affairs resulted in a debt of £39,000 which was owed to the Mother’s care home. The Court of Protection decided that the mother’s placement at her nursing home was in jeopardy and that she was at serious risk of eviction due to her son’s willful refusal to pay her care fees – his actions were not in her best interests and so the LPA was revoked.
In Re EG  EWCOP6 an elderly woman with dementia appointed two of her children as joint attorneys for her property and financial affairs. The children unashamedly abused the authority which was conferred upon them by the LPAs, making large gifts to themselves of around £20,000 – the Court revoked both LPAs.
An ageing population, the increase of dementia sufferers and the value of house prices are having a knock on effect to the abuse of LPAs. The revocation of LPAs in such circumstances as those above is clearly vital to protect the victim’s best interests, nevertheless as is often the case, the Court of Protection cannot repair the financial damage to the victim as the fraudster is unable to repay the money that was stolen.