FCA's Wheatley raises concerns on Power of Attorney abuses
FCA chief executive Martin Wheatley has voiced concerns about abuses of Power of Attorney potentially "spiralling" out of control and adversely affecting vulnerable clients.
In a special report highlighting concerns about Power of Attorney in the latest Financial Ombudsman News, out today, the Ombudsman says: "Complaints involving Powers of Attorney
are among the most distressing that we
see each year."
Writing in Financial Ombudsman News, Mr Wheatley has supported the Ombudsman's campaign to raise awareness of concerns that in some cases Power of Attorney, which allows guardians to take over the financial and personal affairs of incapable or vulnerable people, is being abused.
The FCA recently published a paper on the treatment of consumers in vulnerable circumstances to spur debate on the issue.
In his Ombudsman News article Mr Wheatley says: "We've recently worked closely with the Financial Ombudsman and Public Guardian on preventing complaints about Power
of Attorney before they spiral out of control.
"It's clear from our joint work
in this area that people from across all walks of
life are providing support for someone who might be losing the mental capacity to act on their own behalf. Yet too many times, we hear that misunderstandings and mistakes are being made by firms that have contributed to exacerbating the situation.
"Front line staff are vital.
We do not expect customer-facing staff to become social workers able to deal with a variety of situations they are unused to but we do expect firms allow staff to treat customers as they would like a member of their own family to be treated.
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Mr Wheatley pointed out that one in eight people in the UK already act as a carer and the number of dementia patients could double over the next
40 years. One person in the UK is diagnosed with cancer every two minutes.
Ombudsman News reports that 800,000 people in the UK suffer from dementia.
Firms have a duty to do what is best morally, says Mr Wheatley, and should bear in mind that vulnerability may be temporary rather than permanent but still has to be dealt with carefully and with discretion.
He added: "As we are all more than aware, our industry has come under significant pressure in the last few years to rediscover its sense of social purpose. We believe that vulnerability is an issue that should be at the centre of that debate – and it's clear that this is becoming an increasingly significant issue for consumers too."
Firms shold have a "company-wide commitment" to doing the right thing and should be flexible to adapt processes to changing client circumstances to avoid "
a bad result for those in vulnerable circumstances."
He pointed out that firms already had legal responsibilities and
a duty under FCA rules
to ensure customers were treated fairly.