Extra care 

Kirsty Limacher, chief legal officer at the Association of Lifetime Lawyers, looks at the important work undertaken by lawyers advising older and vulnerable people and the association’s role in championing the rights of those individuals 

We can become vulnerable at any point during our lifetimes. The reasons can vary, and we can be affected for short or long periods of time. We might be living with a disability, grieving a loved one, struggling with our physical or mental health, feeling lonely, or perhaps we might feel more vulnerable as we get older.

It is often the times in life when we are most vulnerable that we need to seek legal advice.

Working with older and vulnerable clients requires a particular set of skills, both technical and in enhanced client care, to deal with the many challenges that may arise when providing them with the advice they need. Such challenges may include:

• Capacity and decision making: Determining the mental capacity of older individuals to make decisions regarding their finances, healthcare and personal welfare can be complex;
• Abuse and exploitation: Protecting older and vulnerable people from abuse, neglect and financial exploitation is a critical concern. If their client lacks capacity, lawyers may need to intervene to safeguard their best interests, weighing their duty of confidentiality against their duty of care;
• End-of-life planning: Assisting older people with advance care planning, wills, lasting powers of attorney, trusts and other legal documents to ensure their wishes are respected and their assets are managed appropriately in the event of incapacity or death;
• Long-term care planning: Helping older people navigate the complexities of long-term care options, including nursing homes, residential homes, assisted living facilities and home care services, while addressing financial considerations such as NHS continuing healthcare eligibility and asset protection; and
• Financial planning: Making appropriate referrals for advice on financial matters such as retirement planning and investment management, as well as advising on protection against financial scams and fraud targeting older and vulnerable people.

Older people and those in vulnerable circumstances need expert, tailored support and advice. They need lawyers who provide this service with extra care, empathy, and attention. It is this that drives the work of the Association of Lifetime Lawyers.

Originally known as Solicitors for the Elderly, the association was formed by a small group of solicitors who back in the mid-1990s attended a conference about older client law.

Much has changed in the 28 years since, and not just our name. Our new brand, adopted earlier this year, highlights the comprehensive services that members offer throughout an individual's life, not just during their later years. This new name serves as a reminder of the broad spectrum of skills and expertise that our members possess, and how they can provide support to individuals facing various challenges at any stage of their life.

Our mission, however, remains the same: to make sure that when people are vulnerable, they have access to a legal professional with the skills and experience to help. We’re dedicated to making a difference in the lives of those who need our support the most.

A professional community

Today, we’re a national organisation with members from across the UK and a separate group in the Republic of Ireland. Our members are fully committed to our ethos, and we provide them with expert training and best practice to support their clients.

We provide a professional community, able to ask for and share advice, refer work, and keep members updated on important developments and changes in the areas of law impacting those who work with vulnerable clients.

“We are passionate about championing the rights of older people and those in vulnerable circumstances” 

We are passionate about championing the rights of older people and those in vulnerable circumstances. We work behind the scenes with various government, legal bodies and organisations to ensure the voice of vulnerable and older people is heard.

We run campaigns to raise awareness of key issues, helping to forewarn and protect individuals and their families. That includes continued efforts to ensure the public understand the importance of making wills through our annual Update Your Will Week and promoting the importance of making lasting powers of attorney (LPAs). Our research shows that only one in 10 have an LPA despite 84% wanting family or friends to make decisions for them when incapacitated. This is a real gap at a time when the UK is facing rising levels of incapacity.

We have also warned of the hidden risks of creating a DIY LPA, from rejected documents to the possibility of fraud. The emotional costs that can arise from submitting an LPA without specialist advice are potentially devastating.

As specialist lawyers, we play a vital role in promoting the well-being and dignity of older and vulnerable individuals in society, ensuring their rights are championed and that they have access to expert legal advice when they need it most.

The Association of Lifetime Lawyers is a community of legal professionals committed to supporting vulnerable and older people with the right legal advice. You can find out more here: https://lifetimelawyers.org.uk/