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Vulnerable Adult

Also known as: At-Risk Adult, Protected Person

Definition

A vulnerable adult is someone aged 18 or over who has care and support needs that make them unable to fully protect themselves from abuse, neglect, or exploitation.

Understanding this term is essential for estate planning—both for vulnerable adults creating their own wills and for family members wanting to protect vulnerable beneficiaries through appropriate legal arrangements.

What Does Vulnerable Adult Mean?

Under the Care Act 2014, an adult at risk (the now-preferred term) is someone aged 18 or over who has care and support needs, is experiencing or at risk of abuse or neglect, and cannot protect themselves due to those needs. This includes people with learning disabilities, physical disabilities, mental health conditions, dementia, serious illness, or frailty due to age. The terminology changed from "vulnerable adult" to "adult at risk" in 2014 to avoid stigmatizing language, though both terms remain in legislation.

Crucially, being vulnerable doesn't mean lacking mental capacity. The Mental Capacity Act 2005 establishes a presumption of capacity—every adult must be assumed capable of making decisions unless proven otherwise. Margaret, 68, has early-stage dementia and daily care support, making her vulnerable under the Care Act. When updating her will to leave her £240,000 estate to her daughters, her solicitor confirmed she had full testamentary capacity. She understood what a will was, knew her assets, and could articulate her wishes clearly. With proper documentation and safeguards against undue influence, Margaret created a valid will.

For estate planning, vulnerability matters in two contexts. First, vulnerable adults can make their own wills and Lasting Powers of Attorney if they retain capacity. Professional advice ensures proper safeguards. Second, when providing for vulnerable beneficiaries, special arrangements protect their inheritance. David and Emma's son James, 32, has Down's syndrome and receives Personal Independence Payment. They established a Disabled Person's Trust in their wills, naming their daughter and a professional trustee to manage James's inheritance. This protects the money from exploitation while preserving his means-tested benefits.

Common Questions

"Who is considered a vulnerable adult in UK law?" A vulnerable adult is someone aged 18 or over who has care and support needs and may be unable to protect themselves from abuse, neglect, or exploitation. This includes people with physical or learning disabilities, mental health conditions, dementia, serious illness, or frailty due to age. The Care Act 2014 now prefers the term 'adult at risk'.

"Can a vulnerable adult make their own will?" Yes, provided they have testamentary capacity at the time of making the will. Being classified as a vulnerable adult doesn't automatically mean someone lacks capacity to make decisions. A capacity assessment may be needed to confirm they understand what a will is, know their assets, and can make rational decisions about beneficiaries.

"How can I protect a vulnerable adult in my will?" You can establish a discretionary trust naming trustees to manage an inheritance for a vulnerable adult, which protects assets from being lost and can preserve means-tested benefits. You should also consider appointing guardians if appropriate, and ensure your will includes specific instructions about their care and support needs.

Common Misconceptions

Myth: Vulnerable adults can't make legal decisions like creating a will

Reality: Being vulnerable doesn't automatically mean lacking mental capacity. The legal test is whether they have testamentary capacity at the time of making the will. Vulnerability relates to risk of harm, while capacity relates to decision-making ability—they're distinct concepts protected by different laws.

Myth: Once someone is labeled a vulnerable adult, all their decisions can be overridden by family or carers

Reality: Vulnerable adults retain full legal rights unless they specifically lack capacity in a particular area. Family members only have decision-making authority if appointed through a Lasting Power of Attorney or Court of Protection order. The Mental Capacity Act 2005 protects autonomy with a presumption of capacity.

  • Mental Capacity: While vulnerability relates to risk of harm, mental capacity determines whether someone can make specific decisions independently.
  • Lasting Power of Attorney: Vulnerable adults should create LPAs while they have capacity to appoint trusted people for future decision-making.
  • Dependent: A broader category that includes but isn't limited to vulnerable adults who may need special provisions in wills.
  • Court of Protection: Makes decisions for vulnerable adults who lack capacity and have no LPA in place.

Need Help with Your Will?

Protecting vulnerable family members requires careful planning—from appointing appropriate trustees to establishing protective trusts that safeguard both inheritance and benefits. Understanding vulnerability helps you create provisions that respect autonomy while ensuring security.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

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.