Skip to main content

Insight article

June 12, 2025

Capacity and client care: Supporting older and vulnerable clients with expertise and empathy

Capacity is a complex yet essential area of private client law. Supporting older and vulnerable individuals requires a combination of legal expertise, emotional intelligence, and ethical diligence to protect their rights, dignity, and autonomy.

A picture of an older couple signing capacity documents

A private client solicitor must possess specialist client care skills to effectively advise and support older and vulnerable clients. Vulnerability can arise from physical disability, cognitive impairment, bereavement, emotional dependence, or difficulty managing finances. In such cases, solicitors must be vigilant, compassionate, and proactive in safeguarding their clients’ best interests and assessing capacity.

How a solicitor engages with a vulnerable client and protects their interests is critical. Recognising red flags—such as undue influence, coercion, or emotional pressure—is a key part of the role. Solicitors often act as safeguards, preventing clients from making decisions under pressure, such as gifting property or transferring significant assets.

It is vital to instruct a solicitor whose focus is firmly on delivering and evidencing high-quality services and communications to vulnerable clients. Legal advice based solely on technical skills is no longer sufficient. Today, solicitors must also navigate the private client process with empathy, patience, and a deep understanding of each client’s unique needs.

Why capacity matters

Solicitors must comply with the principles set out in the Mental Capacity Act 2005. Every adult has the right to make their own decisions unless it can be clearly shown that they lack the capacity to do so. Solicitors must provide clients with as much support as possible to help them make informed choices.

They must also recognise that making an unwise decision does not automatically mean a person lacks capacity. However, if a person is found to lack capacity, any decision or action taken on their behalf must be in their best interests.

It’s important to note that capacity can be temporary, partial, or fluctuate over time. A client might lack capacity for one decision—such as making a lifetime gift—but still have capacity for another.

Solicitors must assess a client’s capacity at the time a significant decision, such as a financial arrangement or a change to a will, is being made. The assessment must focus solely on the client’s ability to make that specific decision, in line with the Mental Capacity Act 2005.

Identifying impaired capacity isn’t always straightforward. Cognitive disabilities may not be apparent during initial meetings, as clients can appear fully capable. In some cases, capacity concerns only emerge through detailed examination and, where needed, input from a medical expert.

Capacity is a complex area of law. If you or someone you care about needs trusted legal support, contact Charlotte Barbaroussis at West End law firm RIAA Barker Gillette (UK). With extensive experience in this sensitive area, Charlotte provides thoughtful, professional guidance tailored to the needs of older and vulnerable clients.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Capacity and client care: Supporting older and vulnerable clients with expertise and empathy
    Capacity is a complex yet essential area of private client law. Supporting older and vulnerable individuals requires a combination of legal expertise, emotional intelligence, and ethical diligence to protect their rights, dignity, and autonomy.


    Read more
  • Neuroinclusion in the workplace
    With a varied workforce, businesses in the UK need to provide inclusive policies and practices. One key area that employers must address is neuroinclusion.


    Read more
  • RIAA Barker Gillette (UK) appoints Brinda Granthrai as Partner and Head of Commercial Real Estate
    London, May 2025


    Read more
  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more

What they say...

  • J. M., May 2025
    “Just wanted to give a massive shout out to Herman. He has supported myself and also my parents with writing up wills and with some inheritance tax advice as well. Everything was made really clear very professional, ethical and boundaried. Herm

  • Michael P, May 2025
    “Recently had occasion to use the services of Borehamwood branch conveyancing department and very impressed with all the contacts we had there, namely Laura Thurlow and Anne Stern.”

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

Read more
Send this to a friend