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Legal advice for carers

22 November 2021 | Heledd Wyn

You will find lots of practical advice online about looking after yourself and those you care for, but what about the legal tools you can use to make a current or future situation easier? There are several ways a solicitor can provide legal advice for carers such as helping to ensure a plan is in place, providing you with peace of mind.

Lasting Powers of Attorney (LPA)

 A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people, known as ‘attorneys’, to help you make decisions or to make decisions on your behalf.

Without an LPA, no one has legal authority to deal with any financial or business matters or make any decisions on your behalf.

 There are two types of LPA, covering property and financial matters and health and welfare decisions.

The first thing to do is find out if the person you are caring for has an LPA, and if you have been named by them to act as their attorney. If there is not an LPA in place, one of our specialist care planning solicitors can help set one up. You can find out more information about what to do next here.

Help with finances

It is always worth checking whether you, or the person you are caring for, are entitled to any benefits and whether there is any other funding that may be available.

Under the Care Act 2014 the local authority is under an obligation to undertake an assessment of both the person who needs care and the carer. This can highlight issues that you may not have considered and provide you with additional support.

With increased pressure on services however, these assessments may be significantly delayed, so it is worth considering whether your relative’s care needs are already being adequately managed or whether third party oversight is useful.

Care disputes

We often help people resolve issues with their local authority in relation to decisions that have been made about someone’s care, including challenging NHS Continuing Health Care Funding and Best Interest Decisions.

We also assist appointed Deputies in making a range of Court of Protection applications for permission to make specific decisions, which can often be difficult and sensitive.

Safeguarding – legal advice for carers

Caring for vulnerable individuals means putting in place the protective measures to ensure their needs are not neglected and they are not at risk of abuse, be it physical, psychological or financial.

If your loved one has suffered an injury that has left them incapacitated or been diagnosed with a mental condition that prevents them from looking after themselves and managing their own affairs, your priority will be to protect their right to live safely and to promote their wellbeing. Find out more about how our specialist legal advisors can help you put protective measures in place.

Contact our Long-Term & Elderly Care Solicitors in Bristol or London

Let’s talk. You can call us on 0117 906 9400 or email for further information and legal advice for carers from our long-term and elderly care teams in Bristol and London. Alternatively, please complete our contact form.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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