Protecting the vulnerable and less able.
This video is aimed at protecting young children but it applies just as much to adults with serious learning difficulties or people who are easily led and might fall prey to gold diggers should they inherit significant amounts of money.
The video below was recorded when we were a solicitors practice, but sadly our very able solicitor Ingrid McCleave was headhunted away, so we changed to the current format of general guidance and probate broking to save you money. This article is by Steve Pett, Ingrid’s partner in the late solicitors’ practice.
Protecting the Vulnerable and Less Able
Life doesn’t always go to plan. Illness, injury, or simple ageing can leave someone unable to manage their affairs or make decisions for themselves. When that happens, good planning can make all the difference — not just legally and financially, but emotionally too.
Protecting the vulnerable isn’t only about paperwork. It’s about preserving dignity, independence, and peace of mind — for the person concerned and for those who care about them.
1. Lasting Powers of Attorney (LPAs): The Cornerstone of Protection
A Lasting Power of Attorney is one of the most effective ways to protect someone who may become vulnerable. It allows them to choose trusted people (their attorneys) to make decisions if they can’t do so themselves.
There are two types:
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Property and Financial Affairs LPA — covering money, property, bills, and financial decisions.
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Health and Welfare LPA — covering medical treatment, care, and day-to-day wellbeing.
Without these documents in place, loved ones often face long, costly delays through the Court of Protection just to gain authority to act — precisely when help is most needed.
2. Planning Ahead, Not Waiting for Crisis
It’s a common misconception that LPAs are only for the elderly. In reality, anyone can lose capacity temporarily or permanently — through an accident, stroke, or sudden illness.
Setting up LPAs early means that, if life takes an unexpected turn, everything’s already in place. It’s one of the simplest and kindest acts of foresight you can make for your family.
3. Using Trusts to Safeguard the Vulnerable
Trusts can play a vital role in protecting those who can’t manage money safely themselves.
For example:
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A Disabled Person’s Trust or Vulnerable Beneficiary Trust can ensure that funds are used for the person’s benefit without affecting entitlement to means-tested benefits.
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A Protective Property Trust in a Will can preserve a share of the family home for children while allowing a surviving spouse or partner to stay living there.
Handled correctly, trusts combine compassion with practical protection — ensuring that support continues smoothly and sensibly.
4. Avoiding Financial Abuse
Sadly, the vulnerable are often targets for financial exploitation — sometimes by strangers, sometimes by people they know.
Having LPAs and well-structured estate planning in place helps create clear accountability. Attorneys are bound by law to act in the donor’s best interests and can be held to account for any misuse of funds. Professional oversight and sensible checks can prevent problems before they start.
5. Protecting Carers Too
When someone becomes vulnerable, their carers often shoulder huge responsibility — emotional, physical, and financial. Having proper legal arrangements in place makes their role far easier.
Clear authority under an LPA, access to funds, and legal protection against later challenges can save carers from endless stress and red tape.
6. It’s About People, Not Just Paperwork
Good planning is more than forms and signatures. It’s about having honest conversations:
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Who do you trust to make decisions if you can’t?
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What kind of care would you want (or not want)?
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How can your loved ones manage without extra burden or worry?
Answering those questions calmly and early means you stay in control, and those who care for you can act with confidence and love.
In Summary
Protecting the vulnerable and less able is one of the greatest responsibilities we share — as family members, friends, and professionals.
With the right planning, we can make sure no one is left powerless, unprotected, or unheard.
If you’d like to talk about how to set up or review your LPAs, trusts, or care-related arrangements, please get in touch:
Stephen Pett CmpnSWW, AffSTEP, DMS
The Professional Will Writer
📞 01323 766766 📧 st***@**************************co.uk
Would you like me to prepare a shorter version for your LPA website, focusing more on capacity, care, and family decision-making — or keep this as a general article for the main TPWW site (perhaps under “Guides & Articles”)?