Vulnerable People Policy

Policy Purpose

At Edwards & Power we are committed to delivering estate planning services with integrity, fairness, and professionalism. This Vulnerable Client Policy outlines how we identify and support individuals who may be in vulnerable circumstances, ensuring they receive the care and consideration needed when making important financial and legal decisions. This policy applies to all staff, partners, and any representatives acting on behalf of Edwards & Power.

Introduction

Our clients are at the heart of everything we do, and we are dedicated to helping them navigate estate planning in a manner that reflects our values. At Edwards & Power, it is particularly important that we handle situations with care when clients may be experiencing vulnerable circumstances. Our approach is built on four key principles:

1. Respect: We listen to and remain sensitive to the individual needs of our clients, ensuring their preferences and wishes are honoured.
2. Responsiveness: We adapt our services to meet the unique needs of each client, adjusting our approach as necessary to ensure comfort and understanding.
3. Fairness: We treat every client as an individual and do not make assumptions based on appearance, speech, or any condition they may have. Each case is considered carefully, and decisions are made fairly.
4. Accountability: We take responsibility for our actions and ensure that all our services are delivered in accordance with legal and regulatory standards, including the Solicitors Regulation Authority (SRA) guidelines.

This policy draws on best practice guidance for professionals offering estate planning services and complies with the relevant industry standards for ethical practice.

Definitions

Vulnerability is a complex issue and can vary depending on a client’s circumstances. Instead of labelling someone a "vulnerable client," we recognise that a person's ability to make informed decisions may be affected by various factors, such as grief or illness. For instance, someone recently bereaved may temporarily require additional support when making estate planning decisions, but this doesn’t mean they are permanently unable to make those decisions.

Capacity to Make a Decision

A client’s capacity to make informed decisions may be influenced by several factors, particularly when discussing estate planning matters. Edwards & Power approaches all client interactions under the assumption that clients have the necessary capacity, unless we have specific reason to believe otherwise.

Some circumstances that might indicate a client needs extra support include:

• Diagnosed conditions (e.g., dementia, schizophrenia)
• Periods of significant stress or anxiety (e.g., following bereavement, divorce)
• Temporary or undiagnosed mental health conditions (e.g., severe anxiety)
• Learning disabilities
• Language barriers or difficulty understanding legal terms
• Influence of alcohol or drugs

This list is not exhaustive, and we assess each client individually. We may become aware of a client’s needs through:

• A direct request for additional support from the client.
• Information provided by a family member, carer, or legal representative.
• Our own observations or concerns based on interactions with the client.

Our Responsibilities

If we believe a client is in a vulnerable situation and may not have the necessary capacity to make decisions regarding their estate planning, we will adjust our services accordingly. This includes halting any immediate decision-making processes, such as drafting wills or arranging financial transactions, until the client is in a better position to proceed.

We will not move forward with any legally binding decisions until we are confident the client fully understands the implications. Additionally, we will document our concerns in our records and ensure all relevant parties are informed, including family members or legal representatives, if applicable.

While it can be challenging to assess capacity in certain situations, if we suspect a client may lack capacity, we will cease discussions respectfully and suggest postponing decisions until the client has had time to seek further advice or assistance.

Donation Handling and Refunds

We will not process any significant estate-related decisions, including donations, if we have reason to believe the client lacks the capacity to make an informed choice. If we proceed with a decision and later discover that the client was in a vulnerable state and lacked capacity at the time, we will take steps to reverse or refund the transaction, as necessary, and notify the client or their representative in writing. We will also ensure that the client is removed from further communication regarding estate planning decisions until otherwise advised.

Our Approach

When engaging with clients who may be in a vulnerable situation or who need additional support, we follow these key practices:

• We remain patient and give the client ample time to discuss their situation, even if it requires extending the consultation.
• We provide information in clear and accessible formats, offering to follow up via email or post if needed, to give the client time to review.
• We encourage clients to seek additional advice from trusted family members, carers, or legal representatives before making significant estate planning decisions.
• We check the client’s understanding of the advice we’ve provided, asking them to summarise key points to ensure clarity. We may also provide written confirmation to ensure nothing is misunderstood.

These steps help safeguard the client, ensuring that they have the necessary time, tools, and support to make well-informed decisions about their estate.

Family Members / Carers / Attorneys Acting on Behalf of Clients

If we are contacted by a family member, carer, or attorney acting on behalf of a client who they believe to be in a vulnerable situation, we may request documentation to confirm their authority to act. We take this step to ensure that any actions or decisions made are in the client’s best interests and properly authorised.

We will work closely with the family or representative to align our communication and ensure that the client’s needs and wishes are respected. This may include stopping or altering any estate planning communications until the situation is fully understood.

Other Indicators of Vulnerability

We do not assume that age alone indicates vulnerability. While we are careful to ensure that older clients are treated with consideration, we assess all clients individually. The only situation in which we will halt estate planning communications based solely on age is if we become aware that a client is under 18. In such cases, we will immediately pause communications, except where a young client is engaging with us alongside a legal guardian or representative.

Contact Us

If you have any questions, feedback, or require further assistance regarding this policy, please reach out to our Supporter Care Team. They can be reached via the following:

• Phone: 0800 009 6542  (Monday-Friday, 9 am-5 pm)
• Email: admin@edwardspower.com