Ask Sarah: Legal Insights

Planning for the Worst, Hoping for the Best: Supporting and Protecting Our Loved Ones

When it comes to looking after our loved ones, planning ahead is one of the most powerful ways we can protect them. As our relatives grow older, they may need a little extra help and care to navigate life’s challenges. Balancing this role alongside the demands of our own lives can be overwhelming, but being proactive and helping them plan ahead is one of the best ways we can protect them.

In the second instalment of our W.Insight series, created in collaboration with law firm Irwin Mitchell , we explore practical ways to ensure our loved ones are cared for and their interests protected. Written and led by Senior Associate Sarah Paton , this edition shares clear and accessible guidance on planning ahead for our loved ones.

Here are some essential steps to help you support your ageing loved ones:

Spotting the Signs of Dementia

Dementia touches the lives of more than half of us – whether through our own condition or caring for loved ones. Early detection is vital to effective management. Some early signs to watch for include:

● Changes in mood, such as increased paranoia or suspicion.

● Forgetfulness, such as misplacing items or struggling with familiar tasks.

● Trouble with speaking or writing, including finding the right words or following conversations.

● Loss of interest – Withdrawal from hobbies or social activities.

● Secrecy – Reluctance to share information, which may signal memory issues.

Why Lasting Powers of Attorney (LPAs) Matter

As discussed in our first Insight, an LPA grants someone the legal authority to make decisions on behalf of another person who can no longer do so themselves. There are two types:

1. Financial Decisions – Managing property, investments, and daily finances.

2. Health and Welfare Decisions – Making choices about medical care and living arrangements.

Encouraging your loved ones to put LPAs in place early ensures their decisions will be made by someone they trust if the need arises. Without an LPA, you may face lengthy and costly court processes to apply for deputyship.

Deputyship

Anyone can apply to become a deputy, but in practice, the court will usually choose someone who has the right level of skill and competence and has a close personal connection to the individual.

It takes a minimum of 4 to 6 months from applying to receiving a decision from the court which then allows the deputy to act. If there are issues with the application then it can take 12 months or more. These applications are also expensive, often costing a minimum of ￡3,000 plus VAT, hence why it is so important to encourage your relatives to put an LPA in place while they still can.

Arranging Care: A Complex but Vital Step

If your relative needs professional care, it is natural to feel overwhelmed. Often, families feel pressured to make quick decisions due to waiting lists or limited availability. This is a highly emotional process, and families can often feel pressured into making rushed decisions. However, taking the time to explore all options is crucial.

Here are some key considerations:

● Care at Home: Allowing your loved one to remain in their own home with professional support is often better for their wellbeing and may be more affordable in the long term.

● Care Homes: These should only be considered after all other options have been explored. Take the time to research facilities and avoid making a distressed purchase.

● Funding Care:

• If your loved one’s capital exceeds ￡23,250, they may not qualify for state support. However, certain assets—such as a home occupied by a spouse or relative over 60—may be excluded from financial assessments.
• Be cautious about making large gifts to reduce assets. The local authority may view this as a deliberate deprivation of funds and could pursue the recipient to recover the value of the gift.
• For those with significant or complex health needs, Continuing Healthcare Funding (CHC funding) may be available through the NHS. Although notoriously difficult to secure, appeals can often be successful.

If private care is necessary, review contracts thoroughly and, ideally, ask a solicitor to review the contract for you. There are often penal clauses included as standards such as:

• Personal liability for the individual signing the contract
• Lengthy notice periods, even after death
• Hidden fees such as management fees or contributions to central costs

The Importance of Reviewing Wills

Many of our parents’ generation have simple wills that leave everything to the surviving spouse. While this approach may seem straightforward, it often does not provide the tax efficiencies or protections required for today’s family dynamics.

Professional advice can help address competing priorities, such as:

● Protecting assets from care fees.

● Safeguarding inheritance for children.

● Reducing the tax burden on the estate.

Even if your loved ones’ affairs appear simple, reviewing their wills ensures their wishes are upheld and their legacy is protected.

Compassionate Planning for the Future

By understanding the legal tools available and addressing these challenges head-on, you can help safeguard your loved ones’ wellbeing and protect their wishes.

If you would like personalised advice or support on any of the topics discussed, please reach out to Sarah Paton, Senior Associate at Irwin Mitchell: [email protected]

If you have legal questions, please get in touch with us so that we can submit these for our next topics on W.Insight.