When planning care for yourself or a loved one, it is important to consider the legal arrangements that may help protect a person’s wishes and ensure that trusted individuals are able to make decisions if needed.
Understanding these legal considerations can help families feel more confident when arranging support and planning for the future. While every situation is different, there are several legal tools available in the UK that can help individuals prepare for later life and ensure decisions are made in their best interests.
The information below outlines some of the most common legal considerations families may encounter when planning care.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint one or more trusted people (known as attorneys) to make decisions on their behalf if they are unable to do so themselves.
There are two types of LPA in England and Wales:
Property and Financial Affairs LPA
This allows someone to make decisions about finances, such as managing bank accounts, paying bills or handling property matters.
Health and Welfare LPA
This allows someone to make decisions about medical care, living arrangements and daily care if the individual loses the ability to make decisions for themselves.
LPAs must be registered with the Office of the Public Guardian before they can be used.
More information about Lasting Power of Attorney can be found on GOV.UK:
https://www.gov.uk/power-of-attorney
Making Decisions on Someone’s Behalf
If a person has not arranged a Lasting Power of Attorney and later loses the ability to make decisions for themselves, family members may need to apply to the Court of Protection.
The Court of Protection can appoint someone as a deputy, allowing them to make decisions about the individual’s finances or welfare.
This process can take time and may involve legal costs, which is why many families choose to arrange a Lasting Power of Attorney in advance.
Further information about the Court of Protection can be found at:
https://www.gov.uk/courts-tribunals/court-of-protection
Advance Decisions and Care Planning
Some people choose to make decisions in advance about the type of medical treatment they would or would not wish to receive in the future.
An Advance Decision to Refuse Treatment (ADRT) allows individuals to record their wishes about specific medical treatments should they lose the ability to communicate their decisions later.
Advance care planning can help ensure that healthcare professionals and family members understand an individual’s wishes.
More information about advance decisions can be found on the NHS website:
https://www.nhs.uk/conditions/end-of-life-care/planning-ahead/advance-decision-to-refuse-treatment/
Wills and Estate Planning
Creating a will is another important step in planning for the future.
A will ensures that a person’s money, property and possessions are distributed according to their wishes after they pass away. It can also allow individuals to appoint guardians for dependants or make provisions for loved ones.
Solicitors and legal professionals can help individuals prepare a will and ensure it reflects their intentions.
Further information about making a will is available from GOV.UK:
Getting Legal Advice
Legal matters relating to care planning can sometimes feel complex, particularly when families are navigating difficult circumstances.
Solicitors who specialise in elder law or later-life planning can provide advice tailored to individual situations and help ensure that the correct legal arrangements are in place.
Organisations such as Citizens Advice can also provide guidance and signpost individuals to further support.
Citizens Advice
Website: https://www.citizensadvice.org.uk
Telephone: 0800 144 8848
Support for Families Planning Care
At Bluebird Care Bromsgrove & Redditch, we understand that arranging care often involves many practical, financial and legal considerations. While we are not able to provide legal advice, our team is always happy to help guide families towards trusted resources and organisations that may assist when planning care for a loved one. If you would like to speak to someone about the types of care available or discuss support options, our friendly team is always here to help.
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