Carers Legal Concerns
Finding a Solicitor
A solicitor can give you advice on how to protect the assets of the person you care for. They can advise you how to protect the wishes of someone who is losing their mental capacity, including deputyship applications to the Court of Protection. In addition, a solicitor can advise you on lots of practical matters, such as managing a person’s assets, bank accounts and pension when they enter residential care or managing their estate after they have died.
The Law Society is the professional body for all solicitors; they can help you find a local firm, answer common legal questions, offer advice on what to expect when visiting a solicitor and guidance on paying for legal services.
Lasting Power of Attorney
The law regarding Power of Attorney recently changed and there are now two types; one for property and affairs and one for personal welfare, both of which are called a Lasting Power of Attorney.
A Lasting Power of Attorney allows people to choose someone they trust to make decisions on their behalf should they ever lose their mental capacity. This document gives the person being cared for an opportunity to clearly outline their own preferences for future treatment which may include the right to refuse care.
Living will
Like a Lasting Power of Attorney, a Living Will allows the person being cared for to write down their personal choices for treatment safeguarding their intentions should they lose mental capacity in the future.
A Living Will can include general statements, such as religious or dietary wishes or specific refusals for treatment called ‘advanced decisions’ or ‘advance directives’. Although a Living Will is not legally binding, it is a point of reference for health professionals and evidence for family members.
Will
A will is a document created by an individual that names an executor (the person who will manage their estate) and beneficiaries (those who will receive the estate at the time of the person’s death). It is not a legal requirement to have a will but it is advisable for an individual to make one to ensure their estate is passed on to family and friends exactly as they wish. If a person dies without a will, the assets will be distributed according to the law.
Resources
The Office of the Public Guardian has further information about Lasting Power of Attorney and the Court of Protection. Visit www.publicguardian.gov.uk or call 0300 456 0300 to find out more.
To find a solicitor or seek further guidance regarding legal matters, visit www.lawsociety.org.uk or call 020 7242 1222.
The Citizen’s Advice Bureau can offer guidance on making a will or on Lasting Power of Attorney documents. Visit www. adviceguide.org.uk to find out more.
