Avoiding Exploitation: Protecting Yourself And Your Wishes

Birds of Prey

The painting ‘Birds of Prey’ by Alexandre Struys was created in 1876 and depicts a man lying on his deathbed. At first glance it looks as though he is being cared for by those closest to him, but on closer inspection it can be seen that they are metaphorical birds of prey. One person appears to be distracting the dying man, whilst the other uses the man’s hand to sign over his worldly possessions to them. This exploitative act contradicts their supposedly sanctimonious nature. The painting was highly controversial at the time of its conception, having been deemed to undermine the church. It is said that the artist’s uncle inspired this painting, having been manipulated to sign over his own possessions.

The Man with the Moneybag and His Flatterers

This engraving by Johannes Wierix, created around 1568, portrays a man holding a large sack of coins being surrounded by his flatterers, who are climbing into his rear end. This rather comical engraving depicts how the flatterers manipulate the man in their desperate desire to obtain some of his wealth. This clearly demonstrates the ease with which wealth and greed can corrupt, even leading to the exploitation of the wealthy for money.

Art often reflects the hard truths of the world and these paintings in particular serve a reminder that, in the modern world, financial abuse, coercion, and fraud still occur, with disputes often arising over money. In fact, there are more and more disputes arising over estates, with a 56% increase in applications to block probate since 2019, rising from 7,268 applications to a high of 11,362 in 2024.

It is vital to ensure that your interests are protected both during your lifetime and after death. These paintings convey the message that if you don’t plan, someone else will plan for you and demonstrate how a will made without a trusted advisor invites the potential for conflict and exploitation.

Protecting Yourself During Your Lifetime: Lasting Powers of Attorney and Fraud

Lasting Powers of Attorney are an excellent way to ensure that your financial affairs are positively managed when you no longer have the ability to manage them yourself. Appointing attorneys who you trust is important and this trust must extend beyond personal affection. You must trust in the ability of your attorneys to manage money and act with integrity. You must also beware the ‘flatterers’ who may appear supportive yet may fail to manage your finances according to your wishes. For this reason, dictating clear wishes and instructions for your attorneys to follow is valuable; proper planning prevents well-meaning people from unintentionally becoming ‘birds of prey’. If you decide to appoint a professional advisor to act as your attorney, to protect yourself you must ensure that they are regulated by a recognised financial authority or professional body.

During your lifetime, if you have a Lasting Power of Attorney in place, the attorneys who manage your affairs have a duty act in your best interests, whether that be your family, friends, or a trusted professional. However, despite this requirement, fraud or financial abuse can still occur, which is why you must be vigilant when selecting your attorneys.

For more information on what to do if you suspect an attorney is committing fraud or financial abuse, please visit our blog “Fraud and Lasting Powers of Attorney”.

Protecting Your Legacy After Death- Wills and Trusted Advisors

A will is vital to ensure that your wishes are followed following your death and helps to prevent complications, minimise the risk of familial disputes, and thus avoid costly litigation. Without a will, your assets may pass according to the rigid intestacy rules in a way that may not reflect your wishes, or the needs of your loved ones.

The importance of making a will with the support of a trusted advisor cannot be overstated. There are many legal requirements for a will to be valid, and it is also important to ensure that the contents are clear and unambiguous. Wills which are incorrectly executed, or improperly drafted, will either be invalid, or cause major delays and serious financial consequences for your estate. As such, engaging a trusted advisor is crucial to avoid any potential errors. Trusted advisors act opposingly to ‘flatterers’ through transparency and providing objective guidance based on real expertise. Their professional support will provide you with the reassurance that your estate is protected, your wishes are clearly expressed, and your loved ones are safeguarded.