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Safeguarding

Also known as: Adult Safeguarding, Protection of Vulnerable Adults

Definition

Safeguarding is the legal protection provided to vulnerable adults who have care and support needs and cannot protect themselves from abuse, neglect, or exploitation.

Understanding safeguarding is essential when making estate planning decisions, particularly when appointing attorneys, choosing guardians, or protecting vulnerable family members through your will.

What Does Safeguarding Mean?

Under the Care Act 2014, safeguarding protects an adult's right to live safely, free from abuse and neglect. Section 42 establishes three criteria that trigger safeguarding duties: the person must have care and support needs, be experiencing or at risk of abuse or neglect, and be unable to protect themselves due to those needs. When these criteria are met, local authorities must investigate and coordinate protection measures with healthcare services, police, and other organisations. The Care Act came into effect on 1 April 2015, establishing safeguarding as a statutory duty for all local authorities in England.

In estate planning contexts, safeguarding becomes critical when vulnerable adults are making wills or appointing attorneys. Financial abuse—pressuring someone about their will, property, or inheritance—is a safeguarding concern. Sarah, 78, appointed her nephew Michael as her attorney under a property and financial affairs lasting power of attorney. When Michael began transferring £2,000 monthly to himself whilst Sarah lived in poor conditions, her daughter contacted the Office of the Public Guardian. The OPG investigated, discovered £24,000 had been misappropriated, suspended Michael's powers, and referred the case to the Court of Protection and police.

Safeguarding follows six key principles: Empowerment, Prevention, Proportionality, Protection, Partnership, and Accountability. The Making Safeguarding Personal approach ensures protection measures respect individual choices whilst ensuring safety—safeguarding aims to empower vulnerable adults, not remove their independence.

Common Questions

"When does safeguarding apply to someone?" Safeguarding applies when an adult has care and support needs, is experiencing or at risk of abuse or neglect, and as a result of those needs is unable to protect themselves. Under the Care Act 2014, local authorities must investigate safeguarding concerns when all three criteria are met.

"Is safeguarding only about preventing physical abuse?" No, safeguarding covers all forms of abuse including physical, emotional, sexual, and financial abuse, as well as neglect. Financial abuse is particularly relevant in estate planning—pressuring someone about their will, power of attorney, or inheritance is a safeguarding concern.

"How does safeguarding relate to lasting power of attorney?" If there are concerns that an attorney isn't acting in someone's best interests or is abusing their position, this becomes a safeguarding issue. The Office of the Public Guardian investigates allegations of attorney misconduct, and local safeguarding teams can take action if abuse or neglect is occurring.

Common Misconceptions

Myth: Safeguarding is only for children—it doesn't apply to adults.

Reality: Adult safeguarding is a distinct legal framework under the Care Act 2014 protecting vulnerable adults aged 18 and over who have care needs and cannot protect themselves from abuse or neglect.

Myth: If someone has made a lasting power of attorney, there's no safeguarding oversight.

Reality: The Office of the Public Guardian actively monitors attorneys and investigates misconduct concerns. Anyone can report concerns to the OPG, which has powers to investigate, suspend attorneys, and refer cases to the Court of Protection or police.

  • Vulnerable Adult: The term for people who need safeguarding protection—those with care needs who cannot protect themselves from abuse or neglect.
  • Mental Capacity Act: Complementary legislation that works alongside the Care Act 2014 when making decisions for adults who lack capacity.
  • Lasting Power of Attorney: Legal document that creates attorney responsibilities subject to safeguarding oversight by the Office of the Public Guardian.
  • Guardian: Person appointed in a will to care for children, who must be suitable from a safeguarding perspective.
  • Undue Influence: Form of coercion in will-making that constitutes a safeguarding concern when it involves vulnerable adults.

Need Help with Your Will?

Understanding safeguarding helps you make protective estate planning decisions—choosing suitable attorneys who won't abuse their position and selecting guardians with safeguarding principles in mind.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.