Before her injury, Courtney* valued her independence and enjoyed having control over her day‑to‑day spending and financial decisions. However, following changes in her circumstances, a Property and Financial Affairs Deputy was appointed to support her in managing her finances and protecting her longer‑term financial security.
Over time, concerns began to arise about some of the financial decisions Courtney was making.
The impact of the situation
Courtney’s support team identified a pattern of behaviour where she was regularly giving money to new individuals she described as friends. While she explained these payments as small loans, there was little evidence of any repayment. This raised concerns that Courtney may have been vulnerable to financial exploitation or undue influence. At the same time, Courtney continued to make requests for high‑value or non‑essential purchases, which required careful consideration in light of her financial position.
Although Courtney wished to maintain her independence, these decisions placed her at risk of ongoing financial loss and potential exploitation. Balancing her autonomy with the need to safeguard her wellbeing became increasingly important. Without appropriate support, there was a risk that repeated spending or lending could have a significant impact on her long‑term financial security.
What should have happened
Under the Mental Capacity Act 2005, individuals are entitled to make their own decisions, even if those decisions may appear unwise.
The law makes clear that:
- A person should not be treated as lacking capacity simply because they make an unwise decision
- Capacity must be assessed in relation to each specific decision and at the time it is made
- Any intervention should be the least restrictive option available
However, Deputies also have a duty to act in the individual’s best interests and take steps to protect them from harm, including financial abuse or exploitation.
How Enable Law supported Courtney
Courtney’s Deputy worked closely with her, her support staff, and wider care team to understand her wishes while addressing the risks she faced.
A balanced and proportionate approach was taken, which included:
- Supporting Courtney to make her own decisions wherever possible
- Providing clear and accessible information about financial risks and consequences
- Monitoring patterns of spending and lending
- Working collaboratively with professionals involved in her care
Where necessary, practical safeguards were introduced to reduce the risk of further financial loss, such as limiting access to larger sums of money while still allowing Courtney day‑to‑day financial independence.
When Courtney made significant or unusual financial requests, careful consideration was given to:
- Her motivation behind the request
- Whether the purchase was affordable
- Whether alternative or compromise options were available
In situations where concerns about decision‑making arose, the Deputy also considered whether a formal assessment of capacity was required. This focused on Courtney’s ability to understand, retain, weigh up information, and communicate her decisions.
The outcome
Through a supportive and structured approach, Courtney was able to retain a level of independence while being better protected from financial risk. Proportionate safeguards helped to reduce the likelihood of exploitation, while ongoing communication ensured her voice remained central to all decision‑making. Courtney continues to be supported in managing her finances in a way that respects her autonomy while promoting her long‑term wellbeing. With the right safeguards in place, she is better equipped to make informed decisions and maintain control over her financial future.
How Enable Law can help you
Supporting someone who may be vulnerable to financial risk requires sensitivity, expertise, and a clear understanding of the law.
At Enable Law, our specialist Court of Protection team has extensive experience acting as Property and Financial Affairs Deputies. We work closely with clients and their support networks to strike the right balance between independence and protection.
If you have concerns about managing finances for yourself or a loved one, we are here to help. Contact our team for a free, confidential discussion about your options. You can speak with Nikki Bedford or one of our team by calling 0800 044 8488 or fill in the form and we will call you back at a time that suits you.
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