Domestic abuse and contact with elderly relatives

One thing is certain in life: we all get older. Many of us will become frail and vulnerable. Each family situation is unique, but it is quite common for someone (perhaps a friend or family member) to move in to live with an elderly person to care for them. Alternatively, sometimes an elderly person will go and live in the home of other family members – perhaps a son or a daughter. There is no doubt that in the vast majority of these situations an older person receives loving care from unpaid carers – but sometimes (as many elder client advisors know) this can lead to abuse.

Research by Age UK indicate almost half a million people aged over 65 will experience some form of abuse or neglect. The Office of the Public Guardian have recently revealed a 64 per cent increase in investigations of abuse of Powers of Attorney or Deputyship Orders.

The Domestic Abuse Act of 2021 defines domestic abuse as physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse or psychological or emotional or other abuse. Many will stakeholders recognise that such abuse often leads to abuse in connection with wills, property, inheritance or financial transactions. It is quite easy for private client advisors unwittingly to become involved in the assistance of such abuse – perpetrators of abuse often cynically present as charming, caring and loving individuals – to the outside world.  

There are two scenarios.

Family lives with Mum

The first scenario was illustrated by the tragic case of Joan Blass – where a previous unknown individual moved in to live with Joan Blass at a time when she dementia.

Unknown to Joan’s friends and family the individual married Joan without their knowledge. Joan’s daughter, Daphne Franks, has led a campaign to highlight these issues of predatory marriage and abuse.

There is, however, a potential remedy – which sadly not many members of the public know about – and which is quite expensive to achieve. A similar situation arose in a case that became known as WU & BU & Others [2021] EWCOP 54 (the names of individuals are not reported in Court of Protection cases and parties come to be known by initials). WU was a 70 year old lady with vascular dementia and an estate worth £1.3 million. She was befriended by an individual referred to as NC. He was 53 years old.

He had been divorced twice and had periods of imprisonment. He sought the financial assistance from WU. As often happens in these cases WU did not even appreciate that she was being abused. WU told the judge that she, the judge, “held her life within (her) hands.” She perceived that her future happiness was bound up in her relationship with NC. In circumstances where personal autonomy and life choices are a central aspect of Human Rights it is only in limited circumstances where the court can or should intervene. 

The court did, however intervene and issued a variety of orders against NC including a “forced marriage protection order.” The court also made an order providing there was to be no contact between NC and WU. These orders were made under Section 16 of the Mental Capacity Act 2005 and under Section 63 A of the Family Law Act 1996. It was also argued the court had inherent jurisdiction to prevent a marriage or a civil partnership.