Legal Issues
Whether you are a carer or a disabled person, there are many legal matters to consider when planning for your future.
These can be important to safeguard your own rights or ensure that your or your loved ones’ wishes are respected should you be incapable.
Arranging your Legal Issues
This page contains more information about certain legal issues you may commonly face as a carer or disabled person.
Every situation will be different, however, it is important to discuss any potential legal issues with a qualified solicitor. Carers of West Lothian offer regular clinics in collaboration with Solicitors for Older People Scotland. These can be a great opportunity to find out more about your situation, and discuss the best outcomes.
Making a Will
Creating a will is the best way to ensure that your money, property, possessions, and investments (collectively known as your estate) are passed on to the people and causes that matter most to you.
Without a will, laws known as the rights of succession will determine how your assets are distributed after your passing. This may not align with your wishes.
In Scotland, there are various ways to create a will. However, it’s essential to have it validated by a solicitor to make sure it’s legally binding. It may be a good idea to set up a will at the same time as you create a Power of Attorney.
For more information, Citizens Advice offers a helpful guide on wills that addresses many common questions. Click here to view.
Creating a Trust
Trusts are a legal arrangement which allows a selected person, called a trustee, to hold your assets for a beneficiary. Once a trust is set up, the trustees are responsible for managing and administering the assets in a way that best serves the interests of the beneficiary.
Your beneficiary may be a close relative or friend. One of the most common reason a trust is set up, is to protect an asset for a child or grandchild, who will receive the trust when they become a certain age. They may also be set up to protect assets held by someone facing incapacity.
An advanced directive, also known as a ‘living will’, are a document that may state a person’s end-of-life wishes. These include situations where you may not want to receive certain treatments, yet you could be incapable of making your wishes known.
It is important to speak with your GP or consultant before arranging an advanced directive with a solicitor. If you’d like to find out more about advanced directives, Solicitors for Older People Scotland have created a handy factsheet.
Creating an Advanced Directive
Planning for the Cost of Care
Over time, you may find that the care you provide for your loved one is perhaps not enough, or is too much for you to handle. This is when you may begin to think about arranging care for your loved one.
Advanced care cost planning can be an essential help when you are looking after someone with a deteriorating condition, such as dementia. Arranging time to speak with a lawyer can help you identify what level of care you may need, and how much you can expect it to cost. The price of this care can depend on care homes and the outcome of a care assessment, taking into account the assets that you own.
You may also want to consider Self-Directed Support.
Book an appointment.
Carers of West Lothian work in partnership with Solicitors for Older People Scotland (SOPS), a group of Scottish law firms, who can provide information on various legal matters and guide you through the process from start to finish. This could include guidance around Power of Attorney, Guardianship, wills and much more.
Around 60% of the support SOPS offers qualifies for Legal Aid so speak with them to see if you can benefit from this.
Get advice from a solicitor
We run regular clinics in collaboration with Solicitors for Older People Scotland. These help you find out the best outcome for your legal issue, from start to finish.
