Supporting Elderly Parents:

Supporting elderly parents is something many of us assume we’ll know how to handle when the time comes. The reality can feel quite different. One day you’re helping with shopping or hospital appointments, and before long you find yourself trying to understand legal paperwork, care funding rules, or what happens if your parent can’t make decisions for themselves anymore.

It’s a big emotional shift as well as a practical one. Many local families in Sussex tell us they simply want to do the right thing, but they’re unsure where to start, or they worry about getting something wrong. Planning early doesn’t mean expecting the worst; it means giving your parent the comfort of knowing that decisions will be handled properly and according to their wishes.

Why planning ahead helps
Most difficulties arise when legal arrangements aren’t in place before they’re needed. A sudden illness or diagnosis can leave loved ones feeling powerless at the very moment clear guidance is most important. Early planning gives everyone breathing room, clarity, and reassurance.

Below are the key legal steps worth considering.

Lasting Power of Attorney (LPA)
An LPA is a legal document which appoints someone your parent trusts to step in and make decisions if they can’t manage these decisions themselves. There are two types of LPAs:

• Property and Financial Affairs – for money, property and paying bills
• Health and Welfare – for medical treatment, care and living arrangements

A Property and Finance LPA can be used even if the person has not lost capacity. It may be that as your parents age; you wish to support and help them as and when they need you to.

The Health and Welfare LPA only takes effect if a person loses capacity and can’t make health and welfare decisions for themselves. All LPAs must be registered with the Office of the Public Guardian before they can be used, and the registration process can take up to 12 weeks. A person must have mental capacity to make an LPA so it is not something to you should wait to do.

Many people assume ‘next of kin’ can step in automatically, but there is no legal definition of ‘next of kin’ and no automatic right to help without an LPA in place.

If you’re unsure who should act, or what the role involves, we can explain everything in plain English and handle the paperwork for you.

Court of Protection
If someone loses capacity and does not have a registered Lasting Power of Attorney or Enduring Power of Attorney, an application to the Court of Protection may be required to appoint a deputy to manage their affairs. Financial deputyship is common; welfare deputyship is only granted in limited circumstances.

The application process involves submitting an application to the Court of Protection which includes medical evidence of their lack of capacity. There are ongoing reporting and supervision costs and requirements. We can support families through the entire application process.

Wills and estate planning
Writing a Will makes matters far easier for families later and ensures wishes are known. Planning ahead can protect assets and avoid misunderstandings between relatives. We help with Wills, life-interest, trusts and wider estate discussions, including understanding how inheritance tax impacts the estate, always with family dynamics and fairness in mind.

You don’t have to navigate this alone

Talking through these topics early is one of the kindest things you can do for your parent and yourself. If you’d like guidance or simply want to make sure things are set up correctly, our team is here to help.

Call us on 01892 731082 or send us a message by clicking here

Do I need a solicitor to make a Lasting Power of Attorney?
You can apply yourself, but many people choose a solicitor to avoid mistakes and make sure preferences are recorded correctly. Errors can delay registration and cause problems later.

What happens if my parent loses capacity without an LPA?
You may need to apply to the Court of Protection to become a deputy. This is a longer, more involved and expensive process than setting up an LPA in advance.

Can the council take my parent's home to pay for care?
It depends on the situation. In some cases, the home is taken into account; in others it is disregarded, for example if a spouse or certain relatives live there. Get advice before making assumptions or transferring property.

When should we start planning?
Ideally before there are capacity concerns. Early planning gives families more control and avoids stressful decisions during illness or crisis.