Rose has impaired hearing and Nora has impaired vision. When considering their status as vulnerable consumers, their investment adviser MUST:

• A. insist that both are always accompanied by an adult relative.
• B. insist that both are always accompanied by a legal representative.
• C. treat both as having limited capacity to make decisions.
• D. treat both as being capable of making decisions given reasonable accommodation in doing so.

Answer: (D)

The key idea here is that vulnerability from impairment doesn’t automatically strip a person of the ability to decide; capacity is decision-specific and can be supported with appropriate accommodations. An adviser should not assume incapacity because someone has hearing or vision impairment. Instead, assess whether the individual can understand the decision, its risks and benefits, and the alternatives, with any necessary help.

Providing reasonable accommodation means removing barriers to communication and understanding. For example, offering information in accessible formats, using interpreters if needed, speaking clearly, allowing extra time, and confirming understanding before obtaining consent. If Rose and Nora can understand the information and make an informed choice with these supports, they should be treated as capable decision-makers.

Requiring an adult relative or a legal representative every time ignores their autonomy and is appropriate only if there is a formal determination that they lack decision-making capacity. Similarly, labeling them as having limited capacity without an assessment is overly restrictive. The best approach is to support their decision-making so they can decide for themselves.