ABSTRACT
Of growing concern is financial abuse of older persons, especially but not exclusively, by family members. This form of wrongdoing may merit a response in civil law. This chapter considers the role of the criminal law in England and Wales in regulating this form of wrongdoing. It argues that there are overlooked limitations in using the criminal law to address financial abuse of older persons. The chapter examines an approach, appraising whether there is scope to interpret fraud by abuse of position in a vulnerable person-protective mode. The first section unpacks the complex and imprecise idea of financial abuse of older persons. The second clarifies the distinctive nature of criminal law measures from those administered in the civil law. The third explores the limitations in using the criminal law to address this form of wrongdoing. The fourth section canvases an idea for reading fraud by abuse of position in a vulnerable person-protective mode.
