Government Not Doing Enough to Protect Older and Vulnerable

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Posted: 20th September 2017 by
Lawyer Monthly
Last updated 23rd August 2017
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Legal specialists are urging Government to do more to protect older people and help them plan ahead for later life. A survey of SFE (Solicitors for the Elderly) lawyers, whose members specialise in advising older and vulnerable clients, found that 80% of lawyers think there are not enough safeguards in place to protect people from financial abuse.

The results come weeks after SFE raised concerns about proposals to allow people to make a will using texts and voicemails. The organisation has also previously raised concerns about the risks of DIY tools for creating powers of attorney.

The survey also found that 99% of SFE members feel the Government ignores the advice and views of professionals on key industry issues, such as the consultation on probate fees last year which saw the Ministry of Justice ignore the 92% of responses rejecting the proposed fee increase.

SFE is a national membership of over 1,500 lawyers providing specialist legal advice for older and vulnerable people and their families.

Amongst other challenges, members identified further impacts of the care funding crisis as the biggest issue current for older client law.

Lakshmi Turner, Chief Executive of Solicitors for the Elderly, said: “The message from our members to Government is clear – more needs to be done to protect people from the risks associated with creating powerful legal documents.

“Whilst we welcome the digitalisation of legal systems that are designed to increase information and accessibility for people, this should not be at the expense of consumer safeguards.

“Many of our lawyers have seen an increase in cases of financial abuse over the last few years and there is some concern that this will continue to rise following the introduction of DIY and online tools for creating powers of attorney. As the Law Commission goes to consultation on fresh proposals to digitalise wills later this year, it’s more important than ever for Government to consider its responsibility to protected consumers, particularly the older and vulnerable.

“The opinions of professionals on changes to legislation and systems they deal with on a daily basis are extremely important, and should be taken into account. We were disappointed to see the lack of consideration of professional feedback on the probate fee consultation last year. We will be monitoring this issue closely, along with submitting a full response to the consultation on wills, with client safety as our main priority.”

(Source: Solicitors for the Elderly)

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