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Legal support for carers

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Last month during Carers Week charities called on communities, health care professionals, employers, and the wider public to support carers to get connected to health and wellbeing services and support.

Research conducted revealed the toll that caring can take on many carers’ own health, with over half of UK carers saying they expect their physical and mental health to get worse over the next two years. Lack of sleep, performing care tasks and the impact on their finances were named as top stressors by unpaid carers.      

How to Safeguard your own Future   

As a carer there is a range of specialist legal advice to support you in a variety of different circumstances including:

•    Those parents caring for children with disabilities, or sibling carers suddenly finding themselves in a role they never expected.
•    Carers for vulnerable adults may need specialist advice about the role of the Court of Protection.
•    Adopters who may need more support than they were first led to believe by Social Services to face the challenges presented by children in their care.

Gemma Ambrose, a Partner at Hibberts LLP, explains: “Carers need expert legal advice to safeguard their own future. Putting a will in place should be a top priority and will ensure your assets are protected and your family looked after as per your final wishes.”

She continues:

“People should also be aware that if, in the future, you lose mental capacity and haven’t a valid Lasting Power of Attorney in place all assets in that person’s sole name cannot be accessed. This can cause problems if you, yourself need to move into residential care.  At that point, someone would need to make an application to the Court of Protection for a Deputy Order, so they can manage your property and finances.”

“In addition, parents who are caring for disabled children would benefit from advice relating to their own Wills and particularly disabled person trusts. Such trusts, also known as ‘vulnerable beneficiary trusts’ can benefit from special tax treatment from HMRC and are often set up in a parent’s will, but they can also be set up in a person’s lifetime as well.”  

Avoid the potential cost implications of applying to the Court of Protection for a Deputy Order in the future by putting in place a valid Will and Lasting Power of Attorney. Making appropriate provisions as early as possible will ensure your wishes and best interests are protected should you lose mental capacity in the future.      

Need more help and advice about planning for the future? Our specialist team provides expert advice on wills and probate matters, inheritance tax planning and trust funds. Contact Gemma Ambrose on 01270 624225 or email

For information about the full range of legal services offered by Hibberts Solicitors log on to

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