Supporting vulnerable clients

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This Overview signposts the key resources and practical tools for advising and representing vulnerable private clients, with links to materials on mental capacity, safeguarding and professional obligations. Vulnerability may arise from age, disability, illness, coercion, bereavement or financial distress; recognising and addressing it is central to effective will - making, lifetime planning and Court of Protection practice, and to meeting regulatory duties.

Core issues include assessing and documenting capacity under the Mental Capacity Act 2005 and its Code of Practice; taking and recording instructions free from undue influence; and making reasonable adjustments under the Equality Act 2010. Practitioners should understand best interests decision - making, the role and powers of attorneys, deputies and the Office of the Public Guardian, and routes to the Court of Protection for property and affairs or health and welfare applications.

Contentious risks are significant. Knowledge and approval, testamentary capacity and undue influence commonly feature in probate disputes, while allegations of financial abuse require safeguarding, engagement with local authorities under the Care Act 2014 and, where appropriate, referrals to the Office of the Public Guardian. Professional and ethical duties under the SRA Standards and Regulations...

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