Internet Scams and Fluctuating Capacity, A Personal Perspective

Lawyers rarely like to disclose details of their personal lives.  However, I wanted to take the opportunity to advise, following some recent personal examples, how easy it is for a loved one to be taken advantage of and how quickly capacity can fluctuate. 

In her head my mum is still in her thirties. She is fiercely independent, keeps her mind active and herself fit. She walks 10,000 steps a day, is in her garden most days and reads books quicker than I can order them for her. 

However, in reality she is in her early 70's and that is what others see. Last week we had a couple of scares and I saw how others can take advantage of those in later life and/or those deemed vulnerable.

Mum as a self-confessed technophobe thankfully asks me to do her online shopping for her. I therefore have few concerns about her being scammed online. She also knows not to sign up for anything at the door and she has the no cold callers poster on the front door.

However last week she was subject to a brushing scam. This is where a company sends you an item to make it appear you have ordered the item from them. They then use your details to create a fake glowing review to entice others into buying below par items from them. On receiving this item I was able to investigate this for mum. I rang her credit card company and froze her card, ordering a new one just in case they had obtained her bank details somehow. I also changed her passwords to her email and social media accounts, for added protection.

In addition to this, a tradesman had attended the property and advised there was a leak in a water pipe in the property. He provided a couple of recommended companies. He advised her to give his name when calling those companies and say he had recommended them, no doubt so he could earn a commission. Thankfully mum didn’t do this. She phoned her trusted plumber who happens to be a neighbour. He came to the property and confirmed there was no leak and no work was needed. How easy it would have been for her to hand over a large sum of money to one of those recommended companies, for work that wasn't actually required. The second time the same tradesperson attended the property last week I was conveniently working from home. He was somewhat surprised when I came out of the office room and his demeanour changed completely. He very quickly confirmed there was no issue at the property and left quite promptly.

The last reality check was mum had an infection on Friday. She really struggled to hold a conversation, to think straight and in addition was quite forgetful. As she has had many infections before both of us know the signs. I am aware of what is normal for mum and any change in her conversation pattern or when she becomes forgetful usually indicates an infection.

However, this one was very unexpected and with no warning, so both of us were surprised at the quick change in her mental capacity on Friday. A trip to the doctors later and 24 hours on antibiotics meant that by Saturday she was far less forgetful and able to have coherent conversations again. Thankfully no important decisions had to be made on Friday and it didn’t impact anything. However, I saw from a personal prospective how quickly capacity can fluctuate. When I discuss capacity with clients I often advise capacity can fluctuate with infections but it is always different, and somewhat scary, seeing it happen in my mum. In those 24 hours my independent mum needed a lot of support. Thankfully I was there on that day and could support her until the antibiotics kicked in. I am also grateful that she thankfully is aware enough about her own health to know when something isn't right and when to phone the doctor.

The key learnings from these examples are that no matter how independent and together a relative is, others may not see them that way and may try to take advantage. It is important to check in with your relative on who has attended the property. Advise your loved one that they must not sign up for anything on the doorstep and ensure they use their trusted tradespeople, preferably ones you have vetted together. Advise your loved one of internet and postal scams, regularly updating them on the latest ones. Tell them if something seems too good to be true it will be and not to be fooled by it. Make sure they have secure passwords and if there are concerns, they may have been hacked change these.  Be patient with them if they come to you saying they are unsure about something they have ordered or signed up to.  The quicker you can take action the better. If you aren't patient with them, they may not be so quick to tell you next time and it may be too late to rectify the situation. 

Finally, capacity can deteriorate or fluctuate so quickly. Be aware of what is normal for your loved one. If they are prone to infections be aware of how this could impact capacity. Ensure they too are aware and that they will listen to the doctors as to when antibiotics are needed. Crucially ensure you have the appropriate authority (a Lasting Power of Attorney) to assist them with their affairs as and when required.