Should Carers Have Power of Attorney?

We’ve been thinking about Carer’s Week lately, arriving once a year to spread awareness for the unpaid carers all around the UK who are more valuable than we realise.

As usual, we are always looking for ways to help and give back to the community. It occurred to us how exactly we can provide help to both carers and their loved ones in hard times. A Lasting Power of Attorney can relieve stress and confusion, allowing carers to put their full focus on themselves and providing the best care they can.

While each of us likely has an image in mind for what a carer is, what exactly makes someone a carer?

A carer is, by definition, someone who looks after another person.  A person who lacks the capacity or ability to care for themselves. This can be due to a disability, illness, mental health condition or otherwise which affects their day-to-day life. Most carers are unpaid and usually a friend or family member.

As of 2021 there were 5.8 million carers in the UK, which is more than half the population of London. Half a major city worth of people is a lot of people providing care. This unpaid labour totals to about £184 billion per year. It also takes on average two years for a person to realise their role as carer, as they tend to still see themselves as the friend or family member that they once were.

Facts and figures are notoriously easier to swallow. Numbers can be shocking, but they tend to remove the humanity from a very real situation. We would do well to remember that carers are not just statistics, but people with their own lives, dreams and troubles. 

There is a certain stigma surrounding the word carer, but it is commonly advised to consider using it as early as possible. What someone may think is simply ‘helping out’, could almost be full-time care. Using this correct terminology can mean access to support a lot sooner.

Though rewarding, caring can take a mental toll on people as they face an increased risk of mental illness, a loss of identity and are more likely to fall into poverty. They spend many hours looking after another person yet can end up neglecting themselves. Therefore, accessing any support available can prove vital.

An area where more and more people are finding themselves becoming carers is through friends and family diagnosed with Alzheimer’s or other forms of dementia.

Those diagnosed with dementia are likely to require more care as it progresses and are at a high risk of losing their mental capacity. This deems them unable to make both financial and medical decisions. Their loved ones often becoming their carer.

Our charity partner, Alzheimer’s Society, accomplishes valuable work each year. It is lesser known that they help carers as well.

The Alzheimer's Society’s website contains an abundance of advice for carers, including the following.

After the initial adjustment period of becoming a carer, it is more important than ever to look after oneself. To ensure both the carer and the person being cared for are comfortable, the carer must ensure that they are well both physically and mentally.

Caring for someone with dementia means adjusting frequently. It requires a lot of flexibility as the illness is a progressive condition and the person’s needs will change over time, as will their behaviour.

Carers who have had to give up their job may be able to claim a carer’s allowance which is recommended to investigate.

One of Alzheimer’s Society’s other suggestions is setting up an LPA (Lasting Power of Attorney). This is an area where we are able to provide support for those at risk of dementia, and therefore those who care for them.

There are two types of Lasting Power of Attorney, they are:

Health & Welfare – This document, once properly registered, will allow an attorney to make health and wellbeing decisions for a person, such as:

• Medical care and medication

• Life-sustaining treatment

• Where the donor lives

• Even daily routine such as clothes, food and washing

Property & Affairs – This document allows your attorney to make financial decisions and regarding property, such as:

• Selling property

• Paying bills

• Collecting benefits or a pension

• Managing bank or building society accounts

A Lasting Power of Attorney typically comes into action when the Donor (person who set up the attorney for themselves) loses capacity. The appointed individual will then receive the actual power of attorney, and in the case of an advanced statement, must adhere to the rules set out. Of course, the official registration of the LPA must have been completed prior to this.

When it comes to health and welfare matters, it is clear how this could help a carer. The carer may continue with their duties without needing to go through another person to make decisions regarding medical or day to day matters.

In the case there is no LPA in place, a Court of Protection Deputyship Order will be required. This is not as simple as it may sound, a family member or friend of the family must apply for the deputyship through the Court of Protection. With this, the Court provides rules to follow and appoints the deputy themselves. Hence, there is no control over how the person’s welfare is managed, how their finances are dealt with, or who the appointed attorney is. It could also be someone the person requiring care would never have chosen.

There are benefits for both parties if an LPA is in place. The main benefit is the control it provides the chosen attorney and the reassurance the Donor receives in knowing their affairs will be managed as they wish. Our sister company, Northwood Banks, has an article exploring the difference between a Lasting Power of Attorney and a Deputyship Order if you are interested.

This all serves to remind us of the work and stress carers carry, and how they are a crucial part of our community. If you or someone you know is struggling with the pressure that comes with being a carer, consider reaching out to get support from organisations such as Carers UK.

As we have mentioned, one way to make a carer’s life easier is appointing them as an attorney in an LPA. This is not solely for those with dementia as sadly anything can happen to cause loss of capacity, for example a serious accident. At Simpler Law, we make the process simple and available to all with our supportive team. Please contact us to learn more.