{"id":22796,"date":"2025-06-12T08:23:01","date_gmt":"2025-06-12T08:23:01","guid":{"rendered":"https:\/\/www.riaabarkergillette.com\/uk\/?p=22796"},"modified":"2025-06-13T06:31:22","modified_gmt":"2025-06-13T06:31:22","slug":"capacity-and-client-care-supporting-older-and-vulnerable-clients-with-expertise-and-empathy","status":"publish","type":"post","link":"https:\/\/www.riaabarkergillette.com\/uk\/capacity-and-client-care-supporting-older-and-vulnerable-clients-with-expertise-and-empathy\/","title":{"rendered":"Capacity and client care: Supporting older and vulnerable clients with expertise and empathy"},"content":{"rendered":"\n
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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.<\/p>\n\n\n\n

How a solicitor engages with a vulnerable client and protects their interests is critical. Recognising red flags\u2014such as undue influence, coercion, or emotional pressure\u2014is 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.<\/p>\n\n\n\n

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\u2019s unique needs.<\/p>\n\n\n\n

Why capacity matters<\/h3>\n\n\n\n

Solicitors must comply with the principles set out in the Mental Capacity Act 2005<\/a>. 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

It\u2019s important to note that capacity can be temporary, partial, or fluctuate over time. A client might lack capacity for one decision\u2014such as making a lifetime gift\u2014but still have capacity for another.<\/p>\n\n\n\n