Lesson 8 – Vulnerability Is Not the Same as Incapacity

A vulnerable customer may still be fully able to:

1. Understand information;
2. Make decisions;
3. Give instructions;
4. Enter into an agreement; and
5. Manage their own affairs.

A person should not be treated as unable to make a decision merely because:

1. They have a disability;
2. They have a medical diagnosis;
3. They are elderly;
4. They communicate differently;
5. They require additional time;
6. They ask for assistance; or
7. They make a decision that another person considers unwise.

Supporting decision-making

Before assuming that a person cannot understand a decision, staff should consider whether the person could be assisted through:

1. Plain-language explanations;
2. Accessible documents;
3. A quieter environment;
4. Additional time;
5. A different communication method;
6. A translator or interpreter;
7. A trusted supporter; or
8. Dividing information into shorter stages.

The employee’s role

Property staff should not make formal mental-capacity assessments unless they are appropriately qualified and authorised to do so.

If there is a genuine concern about a customer’s ability to understand a particular transaction or instruction, the matter should be referred to a manager. Legal or specialist advice may be required.