Scenario

Mr Howard is a 79-year-old landlord. MyEstate has sent him a management agreement through an online document-signing platform.

Mr Howard telephones the office and says:

• He does not understand how to create an account;
• He cannot locate the signing link;
• The text is too small;
• He is worried about signing the wrong document;
• He does not own a printer;
• He would prefer someone to explain the agreement; and
• His daughter sometimes helps him with emails.

An employee tells a colleague:

“He is too old to understand digital documents. We should deal with his daughter instead.”

Questions for learners

1. Is Mr Howard’s age alone evidence that he is vulnerable or incapable?
2. What barriers has he identified?
3. What reasonable assistance could MyEstate provide?
4. Should his daughter automatically receive the documents?
5. What consent or authority is required?
6. How should staff check that Mr Howard understands?
7. What should be recorded?
8. When should a manager be involved?

Suggested response

Mr Howard’s age does not establish that he lacks capacity or cannot make decisions. Staff should not assume that all older customers have the same needs.

The identified barriers are:

• Digital exclusion or limited digital confidence;
• Difficulty navigating the online platform;
• Small text;
• Concern about understanding the agreement; and
• Lack of printing facilities.

Possible assistance may include:

• Resending a clearly labelled signing link;
• Providing a larger-print or accessible electronic version;
• Arranging a telephone or office appointment;
• Explaining how to navigate the signing platform;
• Explaining the purpose and structure of the agreement in plain language;
• Giving him additional time;
• Providing a paper copy by post where appropriate;
• Using an alternative lawful signing process; or
• Allowing his daughter to assist if Mr Howard agrees.

MyEstate should continue communicating directly with Mr Howard unless he provides appropriate authority for his daughter to receive information or act for him.

If his daughter is involved, staff should establish:

• What Mr Howard wants her to do;
• What information may be shared;
• Whether she is only providing practical assistance;
• Whether she has authority to give instructions; and
• How long the authority will continue.

To check understanding, the employee could ask:

“Could you tell me in your own words what you understand the agreement will authorise MyEstate to do?”

The record should describe the practical barriers, assistance requested, adjustment provided and any consent concerning his daughter. It should not describe him as incapable merely because of his age or difficulty using technology.

A manager should be consulted if:

• An alternative signing method requires approval;
• Mr Howard gives conflicting instructions;
• His daughter attempts to take control;
• There is genuine concern about undue influence;
• There is uncertainty about his understanding of a significant decision; or
• The requested adjustment cannot readily be provided.

Additional Practical Scenarios

Scenario 1: Language difficulty

An applicant has limited English and asks their 12-year-old child to explain the tenancy agreement.

Appropriate response: Consider an adult or professional interpreter, particularly because the information is confidential and legally important.

Scenario 2: Mental-health difficulty

A tenant experiencing anxiety asks for repair updates by email rather than telephone.

Appropriate response: Record the preference and use email where reasonably possible.

Scenario 3: Visual impairment

A buyer cannot read standard printed property information.

Appropriate response: Offer an accessible electronic version, larger print or another effective format.

Scenario 4: Domestic abuse concern

A tenant asks MyEstate not to disclose their new contact details to their former partner.

Appropriate response: Treat the information as sensitive, follow the relevant safety and safeguarding procedure, and refer the matter appropriately.

Scenario 5: Discriminatory landlord instruction

A landlord says they do not want to rent to anyone receiving benefits.

Appropriate response: Do not implement the instruction. Explain MyEstate’s obligations, retain a factual record and refer the matter to management.

Scenario 6: Support person

A customer with a learning disability asks an advocate to attend a viewing.

Appropriate response: Allow the advocate where reasonably possible, obtain the customer’s consent and continue addressing the customer directly.