Jessica Jarvis

Failing Our Vulnerable: An In-Depth Look at the OPG’s Oversight Weaknesses

In the shadowy corners of our societal conscience, a covert epidemic is spreading, largely unnoticed: elder abuse. As our global population continues to age, an escalating number of older adults find themselves in the cruel grip of exploitation, frequently by those they rely upon for their care. This investigation seeks to illuminate the problem of elder abuse, dissect the systemic defects contributing to its spread, and examine potential strategies to safeguard our growing elderly population.

Unmasking the Reality

A close examination of 192 documented cases reveals a chilling pattern. The majority of victims are, by virtue of their mental incapacity, physical disability, or history of victimisation, categorised as vulnerable. Most unsettling is the revelation that in numerous instances, the perpetrators are family members, thereby adding intricate layers of complexity to the prevention and resolution of these crimes.

The average age of victims was found to be 75, with perpetrators typically around 40. Disturbingly, familial ties were a common thread in a significant number of cases, underscoring the need for radical reform in both societal attitudes and our legal framework to effectively tackle this critical issue.

The Office of the Public Guardian: Scrutiny Required

At the epicentre of the elder abuse issue lies the Office of the Public Guardian (OPG), an entity tasked with the registration and oversight of attorneyships. Astoundingly, the OPG currently oversees approximately 6 million registered attorneyships. Regrettably, none of these are regularly supervised or reported on, leaving a vast population of vulnerable individuals exposed to potential malpractice.

This systemic flaw has significant ramifications. Over recent years, the OPG has been forced to investigate thousands of attorneyships, with whistleblowing serving as the primary trigger for these investigations. From 2018 to 2019, a staggering 2,883 attorneys were investigated, resulting in court action in 25% of these cases, and the implementation of additional training or monitoring of the attorney in 10% of cases. Although these investigations dipped slightly in 2020-2021, primarily due to the COVID-19 pandemic, the volume of attorney malpractice and subsequent legal action remained alarmingly high.

Delving into the Dark World of Attorney Misconduct

A detailed examination of 20 cases where attorneyships were revoked due to misconduct paints a bleak picture. Over half of these cases involved the attorney’s fraudulent misappropriation of the individual’s assets for their own benefit. Even more concerning is the finding that these illicit actions typically commenced within 3-5 years of the attorneyship’s registration, often continuing undetected for substantial periods.

Despite attorneyships being presented as protective measures, they appear to lack the expected proactive and preventative oversight, leaving the assets of the vulnerable individual open to potential exploitation. The absence of regular scrutiny means that by the time the OPG intervenes, it is often too late to rectify the damage inflicted on the individual’s estate.

A Troubling Disconnect: Police and the Crown Prosecution Service

Yet another stumbling block in combating elder abuse is the marked disconnect between the police and the Crown Prosecution Service (CPS). This disparity can result in inconsistent responses to crimes against the elderly, undermining the efficacy of investigations and the pursuit of prosecutions.

This disconnect is rooted in systemic deficiencies. Policing often suffers from a lack of specialist training and resources to effectively address the unique needs of older victims. In turn, the CPS is often hindered by complex legal barriers and the demanding requirements of evidential thresholds, resulting in difficulty establishing cases robust enough to prosecute.

To further complicate matters, crimes against the elderly tend to be downplayed or viewed as lesser offences, leading to them being sidelined in favour of crimes deemed more serious. This gross underestimation fails to take into account the devastating and far-reaching impact of these crimes on the victims, their families, and society at large.

Overcoming Legal Framework Barriers

Within the current legal framework, multiple systemic barriers hinder the protection of older adults. For instance, deputies are required to secure a bond annually to insure against wrongdoings. This bond, even when professional indemnity insurance already exists, is financed from the estate of the vulnerable individual. In stark contrast, no such safeguards exist for attorneys, leaving their actions unchecked and the assets of the individual unprotected.

Additionally, while deputies must report their actions and finances annually, providing the opportunity for further investigation if irregularities emerge, no such requirement exists for attorneys. Consequently, an attorney’s actions often only come to light when an investigation has been initiated against them, a situation that usually arises far too late to rectify any wrongdoing.

Possible Pathways to Protection

To address these challenges, we must consider a myriad of potential solutions. These could include requiring active attorneys to secure insurance policies similar to those of deputies, and the introduction of a stringent reporting structure to enhance OPG oversight.

Regular reviews, potentially on the 5th anniversary of an attorneyship’s registration and subsequently, could ensure consistent monitoring of an attorney’s conduct. These modifications could offer crucial preventative measures, ensuring that the OPG’s involvement doesn’t arrive too late to protect the vulnerable individual’s estate.

The Road Ahead

The task ahead is challenging, yet the need to protect the vulnerable elderly is glaringly apparent. Increased oversight of attorneys, coupled with a more rigorous reporting structure, could provide an essential protective layer for the elderly. Furthermore, introducing insurance policies for attorneys, akin to the deputy security bonds currently in place, might offer additional safeguards.

However, the fight against elder abuse doesn’t stop at legislative changes. Society at large must undergo a paradigm shift, replacing dismissive attitudes towards the elderly with recognition of their dignity and rights. Through concerted action and commitment to change, we can strive towards a future where the elderly are no longer silent victims, but respected members of society shielded from harm.

Jessica Jarvis

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