Mental Capacity content hub
UNITED KINGDOM: FCA Consumer Duty requires UK advisors to provide additional support to ‘vulnerable customers' from July
The Financial Conduct Authority's (FCA’s) Consumer Duty comes into force on 31 July 2023. It explicitly requires advisors to provide additional care to ensure they meet the needs of 'vulnerable customers'. Its definition of 'vulnerable' covers 46 per cent of UK adults.
STEP Journal: Cloud control
Jack Burroughs TEP examines the issues raised by digital assets in the event of mental incapacity in England and Wales.
STEP supports vulnerable client campaign
STEP is supporting the #WeAreAble campaign to help share personal stories and useful resources with those who may need a little help to feel empowered in their homes. The campaign hopes to provide practical support and resources to enable people to live safely and independently. As part of the campaign, STEP has provided case studies and signposted resources. Advisors are encouraged to share these with clients who would benefit.
The Challenges of Assessing Capacity Virtually
In light of the global COVID-19 pandemic, jurisdictions passed both emergency and permanent legislation to allow for the virtual execution of estate planning documents. The delivery of legal services in a virtual world still requires that practitioners uphold fiduciary and other obligations to clients posing questions of how lawyers can properly assess mental capacity over virtual meeting platforms or determine whether undue influence is being exerted over their clients. The panel of speakers on this web event provide an overview of legislative approaches taken in their jurisdiction, outline their experience with the virtual execution of estate planning documents and suggest best practices for estate practitioners when addressing assessment of capacity virtually.
Mental capacity related reading
Read up on all mental incapacity and vulnerable client related content produced by STEP, including news stories, Journal articles, and more.
Advanced Certificate in Advising Vulnerable Clients
This course provides a thorough understanding of the legal and practice framework encompassing issues of mental and physical incapacity as well as covering topical end-of-life issues and recent legislation. It will enable you to improve professional efficiencies, manage risk and offer a specialist service.
Join the SIG
STEP's Mental Capacity SIG focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group aims to ensure that all members are kept up to date with developments and, indeed, are part of the debate and shaping the future where possible.
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