Do I have the ability to handle finances for the person I care for?
If not, consider a Lasting Power of Attorney or an application to the Court of Protection.
Has the person I care for any positions of responsibility which cannot be delegated?
For example, if the person you are caring for is a trustee of a Trust they cannot pass this responsibility on to you in the same way as they can do with most things. If they are still mentally capable then they should consider retiring as trustee (probably with a replacement) and if they are no longer mentally capable you should ensure that the other
trustees are aware of the situation so they can consider how to proceed.
Should I consider reviewing my Will?
Yes. It is a big change of circumstances if someone who was to benefit from your Will is now in need of care. It is worth considering changing your will so that you do not pass assets to them if these will just get swallowed up by nursing home fees, or if you do still want to pass assets to them you can use an appropriate Trust in order to prevent this from happening. Also, you could use a Trust in order to ensure the assets are looked after properly and by the people you choose.
Should I consider reviewing the Will of the person I care for?
Yes. If they no longer have mental capacity to make a Will it may still be possible to apply to the Court of Protection for a statutory Will. This is more expensive and time consuming than making a Will yourself and so may not always be worth doing but in some circumstances it can save a great deal of time and expense on the death of the person you care for.
What if I am no longer able to take care of them?
You cannot delegate your position as carer. If you have applied to the Court of Protection to manage their finances, then someone else will need to make an application (or you can apply to be relieved from your duties). If you are acting under a Power of Attorney there may be another attorney who can act. If not, you should consider asking the person you care for to do a new Power of Attorney with more attorneys if they are able to do so, or alternatively an application to the Court of Protection may be necessary.