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26 October 2026

What Is The Difference Between An Independent Financial Adviser And A Restricted Adviser? (Video)

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Anthony Gold Solicitors LLP

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Anthony Gold Solicitors are a leading Law firm based in London. Our solicitors specialise in various areas of law and are experts in their fields of legal services. We are negotiators and litigators, committed to doing whatever is best for our clients.
Court of Protection orders increasingly require deputies to take independent financial advice, but what does that mean in practice? Understanding the distinction between independent and restricted advisers is crucial for deputies navigating their fiduciary responsibilities, particularly when older orders lack specific guidance on the type of financial advice required.
United Kingdom Family and Matrimonial

An independent financial adviser (IFA) can choose from the whole of the market, across investments, protection, and pensions, and recommend whatever is genuinely suitable for the client. A restricted (or tied) adviser is limited to a narrower range, sometimes a single firm’s products, sometimes a limited panel. For deputies, the distinction matters because many Court of Protection orders now specifically require that a deputy takes independent financial advice, not just financial advice generally.

Independent versus restricted: the core difference

When instructing an independent adviser, there is a shift in responsibility for suitability onto the adviser, across the full range of options available.

An independent adviser is expected to look across the whole planning spectrum, not just investments:

  • Investments: access to the whole investment universe
  • Protection: access to the whole protection universe, where needed
  • Pensions: the full range of pension options, where relevant

A restricted adviser, by contrast, works within limits set by their business, whether that’s using only one or two firms, or choosing not to offer certain products even within their own panel. Why the deputyship order wording matters

Court orders increasingly specify that a deputy must take independent financial advice, but older orders sometimes don’t. This ambiguity creates real difficulty for deputies working under older or less specific orders:

  • If the order simply says “financial advice” without specifying independent advice, a deputy has no clear steer on whether restricted, directed discretionary fund management (DFM), or independent advice is required
  • Historically, deputies were sometimes directed toward investment managers with no independence requirement at all

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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