Legal Issues for Carers

As a carer of someone with a long term illness or disability, it can be a real struggle to manage the day to day affairs of a loved one, but there are a number of legal issues you need to consider to ensure that both you and the person you are caring for are protected.

You will find that if the person you are caring for lacks capacity, this will open up a whole host of legal issues for you to consider. There may be a number of different reasons why your loved one lacks capacity such as:

•              Old age

•              Dementia

•              Brain injury

•              Learning difficulties

•              Serious illness

•              Mental health issues

If someone you care for lacks capacity, it is really important that you can legally act on their behalf. Ideally, they will have made a decision whilst they still had capacity, to put in place a Lasting Power of Attorney, either for property and financial affairs, for health and welfare, or both. This allows you to help them with their financial requirements and even allows you to sell property on their behalf and access their bank accounts. If they lack capacity, you can make decisions for them about their care and day to day living requirements, as long as a Health and Welfare LPA has been made.

If an LPA is not in place, you can still apply to the Court of Protection to be appointed as their Deputy.

Lastly, you may want to consider a Will. If your loved one lacks capacity, they cannot legally make a Will, however there are some alternative options for you to consider such as a Statutory Will. You can do this by applying to the Court of Protection.

If you would like to discuss the legal issues you face as a carer, please contact Hilary Hargreaves on 01264 325821 or email: hhargreaves@bsandi.co.uk who will be happy to discuss options with you.