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60-second interview: Sheree Green

Jennifer Palmer-Violet talks to Sheree Green of Anthony Collins Solicitors, who presented a session on elderly client at SJ Live in May

18 June 2013

What are the main challenges for advisers with vulnerable clients?

We have been very focused on the issue of capacity, since the implementation of the Mental Capacity Act 2005, and ensuring that our client has the requisite mental capacity for the specific transaction being contemplated. In doing so, we may overlook the additional risk of undue influence and the need to be confident that, as well as having the requisite capacity, our client is actually making that decision as a result of free and informed thought.

When somebody is looking to appoint an attorney under a lasting power of attorney, for example, they tend to look to their family members to fulfil that role. It is a sad fact that, statistically, where financial abuse occurs, the instigator is most likely to be the adult son or daughter of the individual.

What do you see as the key progress made since the ...

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