Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Third parties definition

What does Third parties mean? In legal practice, third parties are persons or organisations that are not the principal parties to a contract, dispute, or data-processing activity but may interact with or be affected by it. The term is descriptive across contexts. In data protection law it is defined: a third party is anyone other than the data subject, controller, processor, and those acting under a controller’s or processor’s direct authority (UK GDPR/EU GDPR). cookies and similar technologies: if a service permits third parties (for example, advertising, analytics or social media vendors) to set, read or access cookies or other identifiers, those third...

Advising elderly clients: collaborating with clinicians, carers, social workers and financial/property professionals on capacity (MCA 2005), best interests and information governance

Published by a LexisNexis Private Client expert

Practice notes

Solicitors working in elderly client matters must be able to seek guidance and liaise with the client’s GP or relevant specialist clinicians, as well as with others engaged in financial decision-making. To do this effectively, they should pinpoint the advice required and identify who is best placed to deliver it. Practitioners also need familiarity with the terminology used and the reasons the advice or report is being sought. This means clarifying what is sought, why it is needed, and who should Supply it precisely.

Medical practitioners

On a client’s behalf, practitioners brief clinicians for many purposes, including assessments of capacity for particular legal actions and choices, alongside general health and medication guidance. Likewise, a practitioner acting for, or as, a Deputy or attorney may find the patient’s GP seeking their input on varied matters such as completing a DNAR (do not attempt resuscitation) form, or whether the patient ought to receive a flu jab. In every instance concerning the client’s or patient’s capacity to make a medical or legal decision, practitioners must have regard to the principles in section 1 of the Mental Capacity Act 2005 (MCA 2005):

a person must be assumed to have capacity unless

...

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Victoria Mahon de Palacios

Wedlake Bell

Victoria Mahon de Palacios is a senior associate, who trained and qualified at Wedlake Bell LLP. Her practice includes all aspects of private client work. She has particular expertise in Court of Protection work regarding elderly clients and vulnerable beneficiaries. Victoria's general practice also includes advising on methods of mitigating inheritance tax and capital gains tax for both UK and non-UK domiciled individuals through lifetime gifts, onshore and offshore trusts and tax-efficient wills, together with advising on the administering of estates and trusts. Victoria also advises on the establishment of new charitable structures, charity mergers and variations to charitable trusts. She has been named one of the country's "Top 35 Under 35" private client advisers in Private Client Practitioner magazine for 2011, 2013 and 2014. Victoria is a member of the Society of Trusts and Estates Practitioners (STEP) and the STEP Mental Capacity Special...

Web page updated on 21/05/2026

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