Legal preparations people in care need to make to plan for the future

Article by Michael Culver, founder and managing director of Culver Law
Discussing death and incapacity, can be very difficult. But avoiding talking about these tricky topics can make things even more challenging down the line. You can really help those in your care, as well as their loved ones, by checking in to discuss the legal preparations they might need to make, so everything is in order if they’re no longer able to make decisions for themselves. Here are a few key points that people in care, and their relatives, need to be aware of.

Article by Michael Culver, founder and managing director of Culver Law

Discussing death and incapacity, can be very difficult. But avoiding talking about these tricky topics can make things even more challenging down the line. You can really help those in your care, as well as their loved ones, by checking in to discuss the legal preparations they might need to make, so everything is in order if they’re no longer able to make decisions for themselves. Here are a few key points that people in care, and their relatives, need to be aware of.

Preparing for losing capacity with a lasting power of attorney

A lasting power of attorney (LPA) allows someone to grant legal power to a person they trust, such as a partner or child, to make decisions on their behalf should they lose the capacity to do so. This includes how their money should be managed, as well as the type of medical treatment they want to receive. As many as 70% of people in care homes have dementia or severe memory problems, so getting an LPA in place is strongly recommended.

It’s really important to note that you can only apply for an LPA while you still have mental capacity, and the registration process can take months. If you do lose capacity and don’t have an LPA in place, the person (or people) you want to act on your behalf will have to go through the long and painful process of applying for a deputyship at the Court of Protection. This can take up to six months and is expensive.

Laying out wishes in a will

A will indicates how someone wants to distribute their assets after their death, including wealth, properties and preferences for their funeral. In this legal document, a person designates someone who’ll follow through on the will on their behalf (known as an executor) and name the people who’ll inherit their assets (beneficiaries). If someone dies without a will, it can cause a lot of pain and uncertainty for loved ones, and lengthy and expensive legal procedures may be needed to resolve any disputes.

Checking if they’re eligible for help to cover the cost of care

The help social carers provide is essential, giving millions across the country a quality of life that would otherwise be impossible. But care can be costly, particularly for anyone with long-term needs. To ensure a person can afford the care they require, there may be state-funded financial help available to them. A huge ¬£16 billion of means-tested benefits go unclaimed each year, so even if someone thinks they’re ineligible, it’s well worth speaking to an expert to double-check.

Speaking to a specialist solicitor

Legal help for people receiving care is a specialist subject, so it’s essential anyone who falls into this category seeks advice from a specialist solicitor. An expert in this area of law has the technical skills required to help with legal documents, such as a will or lasting power of attorney. They also understand matters around later life, such as illnesses and vulnerability, allowing them to offer holistic advice tailored to a client’s individual circumstances.

Solicitors for the Elderly

Founded in 1996, SFE (Solicitors for the Elderly) is a select group of expert legal professionals who support older and vulnerable clients. SFE members, over 1,600 across the UK, undertake specialist training in later life law and are dedicated to improving outcomes for older people. Find out more: sfe.legal.

Michael Culver

Michael Culver, founder and managing director of London law firm Culver Law, is one of the leading later life solicitors in the country. He has a wealth of experience working with older and vulnerable clients and has been a member of SFE (Solicitors for the Elderly) for more than 11 years. He joined the board of directors in January 2018 before becoming Chairman in June 2019.