Features & AnalysisLaw Firms

Five ways to assess mental capacity in ‘vulnerable’ clients

Given the increasing mental health crisis that this country now faces, it is becoming more and more vital for practitioners to factor in the unique circumstances of each and every client when assessing their mental capacity to ensure any conclusions they make are fair, measurable and consistent.

In 2015, the Solicitor’s Regulatory Authority (SRA) highlighted the need for the legal services industry to do more to ensure that vulnerable customers, and those that lacked mental capacity, were identified and appropriately supported. More recently, the SRA has spoken out in support of the Financial Conduct Authority’s (FCA) measures around duty of care to the vulnerable.

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