Protecting Vulnerable Adults

Any adult should feel safe, free from abuse, and have their rights and choices respected. However, some adults are less able to protect themselves, perhaps losing capacity due to illness, accident or dementia. This can leave them susceptible to exploitation and neglect. So, what can be done to safeguard vulnerable individuals?

Make Lasting Powers of Attorney

A Lasting Power of Attorney or LPA is the best way for vulnerable people to get help with their affairs.

There are two types of LPA, one for Property & Financial Affairs and the other for Health & Personal Welfare. An LPA can be made at any time, provided the person making the LPA is over 18 and has sufficient capacity.

LPAs allow individuals to choose someone they trust to help them make decisions and access their bank accounts and, importantly, take over if they feel unable to make decisions for themselves at some point. Usually, an Attorney is a family member or trusted friend.

Alternatively, an individual can appoint a Solicitor as their Attorney. They can then instruct the Solicitor to help them in a way that suits them best. The costs of employing/using a Solicitor as the Attorney can be agreed upon upfront. There is generally only cost if the Attorney uses the LPAs to help an individual.

A key benefit of using a Solicitor as the Attorney is that they are professional, impartial, regulated and insured. Therefore, they can be instructed to handle the affairs and welfare of an individual as they choose.

Create A Trust

Setting up a Trust is an excellent way to ringfence assets for the benefit of a vulnerable adult. Often called vulnerable beneficiary trusts (which get special treatment from HMRC), various conditions apply. In general, they are helpful if the individual has money or assets and mental capacity but needs help.

A trust can be set up using a trust deed during your lifetime or included in your Will, which comes into effect after you die.

Apply to be a Court of Protection Deputy

Suppose the vulnerable person lacks mental capacity and has no valid Lasting Power of Attorney. In that case, an application can be made to become a Deputy at the Court of Protection. The Court of Protection protects vulnerable people in financial and personal welfare matters. The role of a Court of Protection Deputy is like that of an Attorney. So, the person making the application can manage an individual’s finances and make welfare decisions for them. To note, authority is rarely given to one person to make general health and welfare decisions – only specific decisions.

Our Advice

Undoubtedly, looking after vulnerable individuals is an enormous responsibility for everyone. We have helped our clients over many years to make their Wills, set up trusts and Powers of Attorney and deal with the Court of Protection.

In our experience, whilst giving straightforward legal advice is very important, it is vital to help with the practical and emotional aspects, too. So, if you need more information or advice, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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