At Nelsons, our specialist Court of Protection team act as deputy and attorney for a significant number of vulnerable adults and regularly clears properties on their behalf. Below, we have outlined the process we tend to follow when doing this.
An initial review of a vulnerable adult’s assets and the actions we take
When we first begin acting as a deputy or attorney for property and financial affairs, we take an initial review of our client’s assets. The property is usually of the highest value and decisions surrounding the client’s home are made for the following reasons:
1. Security – an unoccupied property needs to be secured correctly. This includes putting the correct insurance in place, this usually needs the property to be drained down and visited regularly for inspections.
2. Search – we undertake a thorough search of the property to ascertain any financial documents to assist us in our role. We take photos and collate an itinerary of items.
3. Valuation – at the initial meeting we arrange for estate agents to visit the property so up-to-date valuations can be taken. Most of our unoccupied properties will end up on the market for sale, following confirmation that it is in our client’s best interest that they reside elsewhere and that they can not be cared for at home.
4. Personal items – we collect any items our clients need at their new location, usually personal ornaments or items of sentimental value that they have asked for. If our client cannot request items, we ask family or take steps to identify those in personal locations.
We take these steps with a high level of respect for each of our clients. Their homes are a personal reflection of their lives and we ensure these steps are taken sensitively and in a timely manner so that all personal items can be provided to our clients to make them comfortable in their new environment.
Vulnerable adults who suffer from hoarding disorders and best interest decisions
We have, at times, come across properties that have been left to run down significantly. We have also worked with clients who suffer from hoarding disorders. A definition of hoarding disorder is:
‘a persistent difficulty discarding or parting with possessions because of a perceived need to save them. A person with hoarding disorder experiences distress at the thought of getting rid of the items. Excessive accumulation of items, regardless of actual value, occurs.’
The clearance of these properties is difficult and in some extreme cases can lead to specialist companies being used to clean and remove items. These best interest decisions are carefully made and following the recent decision in AC and GC (Capacity: Hoarding Best Interest) [2022] EWCOP 39, we now have further areas to consider in gathering the necessary information:
1. Volume of belongings and impact on the use of rooms – the relative volume of belongings in relation to the degree to which they impair the usual function of the important rooms in the property for you (and other residents in the property). For example, whether the bedroom is available for sleeping, the kitchen for the preparation of food, etc. Rooms used for storage (box rooms) would not be relevant, although may be in relation to points three and four below.
2. Safe access and use – the extent to which you (and other residents in the property) are able or not to safely access and use the living areas.
3. Creation of hazards – the extent to which the accumulated belongings create actual or potential hazards in terms of the health and safety of those residents in the property. This would include the impact of the accumulated belongings on the functioning, maintenance, and safety of utilities (heating, lighting, water, washing, and facilities for both residents and their clothing). In terms of direct hazards, this would include key areas of hygiene (toilets, food storage, and preparation), the potential for or actual vermin infestation, and the risk of fire to the extent that the accumulated possessions would provide fuel for an outbreak of fire, and that escape and rescue routes were inaccessible or hazardous through accumulated clutter.
4. Safety of building – the extent to which accumulated clutter and inaccessibility could compromise the structural integrity and therefore safety of the building.
5. Removal/disposal of hazardous levels of belongings – that safe and effective removal and/or disposal of hazardous levels of accumulated possessions is possible and desirable on the basis of a ‘normal’ evaluation of utility.
Comment
In this case, both vulnerable adults involved (referred to as AC and GC) lacked the capacity to make decisions about their items and belongings. In their best interest decisions were made to dispose of perished items and remove items to storage.
This more practical guidance provided by the Court and the parties involved in the case will be of great assistance to all deputies and attorneys acting on behalf of vulnerable adults suffering from hoarding disorders.
How can we help
Gemma Hopper is a Senior Associate in our expert Court of Protection team.
If you require advice or assistance in relation to the subjects discussed in this article, please contact Gemma or another member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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