Elderly brothers manipulated into signing over farm

bbc.com

Three elderly brothers were tricked into giving away their family farm by a church minister and a businessman. A relative, Helen Fraser, claims that the brothers, Hugh, Roderick, and David McCulloch, were not in the right mental state to sign away their property. The two men, Reverend Ivan Warwick and businessman Douglas Stewart, obtained power of attorney from the brothers, who were in their late 70s and early 80s. After gaining control, they sold the farmhouse and emptied the brothers' bank accounts. One brother had dementia, and after a civil court ruling, the two men were ordered to repay over £1 million. However, the family has not seen any money. The case is drawing attention to the need for better safeguards regarding power of attorney, especially as more people are likely to face similar vulnerabilities due to aging. A police investigation initially found no crime because the power of attorney documents were legally signed. Ms. Fraser had been visiting the brothers regularly and found them distressed when she discovered they had lost their farm. The court later ruled that Warwick and Stewart had used undue influence to exploit the brothers. Warwick is no longer a minister. Experts have called for more oversight of those granted power of attorney, as many cases of financial abuse go unreported. Current laws do not adequately protect vulnerable individuals, and many attorneys act unchecked. The Scottish government is exploring reforms to improve protections for those who lack capacity.


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