Legal Issues

If the person you care for has a condition that is likely to deteriorate, it is only natural to be reluctant to discuss delicate matters such as Wills, health and finances. It is important to remember however, that sorting things out sooner rather than later will make it easier in the long run, and will allow the person you care for to have a full say in their future.
 
If these matters are left undecided, you may find yourself trying to guess what the person you care for would have wanted or worse, find yourself subject to strict rules of law that take no account of people's individual circumstances.
 
Don't delay therefore, matters need to be decided upon now, while the person you care for is able and mentally capable.
 
Don't forget to include other members of the family in the discussions so they don't feel left out and are clear about what will happen in the future. You need to make sure you are acting in everyone's best interests and it is often best to seek independent financial and legal advice.
 
Specialisms
All solicitors have their specialisms and you need to look for one that specialises in Wills, Trust and Probate, Enduring Power of Attorney, Living Wills and Care for the Elderly. Details of solicitors can be found in the Solicitors Regional Directory available at the CAB or library. Specialist's solicitors will often be members of either Solicitors for the Elderly or the Society of Trust and Estate Practitioners, or both.
 
You can also seek advice form the Public Guardianship Office at 0845 330 2900 (local call rate)
 
Wills
You should make sure that the person you care for has made a will. Making a will saves both time and money, and reduces the likelihood of family disputes. It may help to save tax also.
 
Management of Finances
You will also need to consider what may happen if the person you care for becomes unable to manage their own financial affairs. The law allows for appointment of a Receiver by the Court of Protection, but it is a complex process that takes time and money. It is usually best therefore if one or more people are appointed attorneys by a document called an Enduring Power of Attorney. You will need legal advice when attempting to sort this out as there may well be property or large sums of money involved, or what you plan could be contested or even cause tax problems.

• Enduring Power of Attorney
  An ordinary Power of Attorney is a document appointing an agent to handle the affairs of the person you care for. Such Power ends when the person becomes mentally incapable, whereas Enduring Power of Attorney stays effective. Again, there must be no delay because such arrangements must be made while the person is still mentally capable. You can contact the Enduring Power of Attorney (EPA) Helpline 9am - 5pm, Mon - Fri Tel 0845 330 2963 (local call rate).
• Appointeeship
  the local DWP can help you with this where you can appoint someone to take charge of things like collecting pensions and paying bills. You can also nominate someone to deal with your bank.
• Living Wills
  You may find yourself in an impossible position if a hospital asks you to make decisions as to the treatment of the person you care for. Hospitals often ask the next of kin where a patient can no longer make his or her wishes known. Far better if s/he makes an Advanced Directive (also known as a Living Will) for the medics, so that neither you nor any next of kin have to decide these matters, usually made doubly difficult because the circumstances are stressful and upsetting.

Financial Help
In some cases you may be able to apply for public funding from Community Legal Services. Remember, though, that such help is often based on the financial position of the person you care for and not yours!
 
Help is available for Wills for a person over seventy or if they are a disabled person or if they are the parent of a disabled person who wishes to provide for that person in their will. Also where the maker of the Will is a parent of a child living with them and the Will appoints a guardian of that child.
 
No public funding is available for applications for receiverships but in cases of hardship, you can apply for some Court of Protection fees not to be charged.