Monday 8 to Sunday 14 June marks Carers Week 2026, with the theme for this year’s UK-wide awareness campaign being “Building Carer Friendly Communities,” focusing on better practical support for unpaid carers. With that in mind, Victoria Baker and Laura Colebrook have put together this blog containing information that carers may find useful regarding their employment rights as well as how Lasting Powers of Attorney, deputyships, and the Court of Protection can provide the legal basis when making decisions for those in their care if they are no longer able to do so themselves.
Lasting Power of Attorney (LPA)
Lasting Powers of Attorney are important documents that enable people to give permission to others, such as their carers, to handle their affairs and make decisions on their behalf if they are no longer able to do so due to either a short or long-term incapacity.
There are two types of LPA, which can be made at the same time or separately.
- A Property and Financial Affairs LPA which allows a person to appoint someone to look after their financial affairs. A Property and Financial LPA will come into effect as soon as it is registered (unless it is specified otherwise in the document) which means that the attorney will be able to start making decisions about property and financial affairs straight away, if that is the wish of the donor.
- A Health and Welfare LPA which gives an attorney the power to make decisions regarding the consent for medical treatment and care. It is not possible to use a health and welfare LPA until the person who made it has lost their mental capacity, through illness or accident.
An LPA needs to be registered with the Office of the Public Guardian before it can be used.
If you are appointed as an attorney under an LPA, we can assist with advice on the day-to-day administration of the attorneyship, together with advice on the maintenance of your records and compliance procedures.
Court of Protection
If an individual has lost mental capacity, it can be very difficult for their carers to take control of decisions concerning their finances and welfare. The Court of Protection is a special Court which is set up to assist those who are unable to make decisions about their property and financial affairs or health and welfare decisions (where they have not made or could not make Lasting or Enduring Power of Attorney). In these circumstances, the Court of Protection has the power to appoint a Deputy to make decisions if a person lacks capacity to decide for themselves.
Our team can help you if you need to make a Deputyship Application to the Court of Protection to assist someone in your care; this includes preparation of the Court Application, progression, filing at Court and ensuring that the people who must be notified about the application are told in good time.
Carer’s Employment Rights
The Carer’s Leave Act 2023 came into effect in 2024, which entitles employees who are unpaid carers to take up to a week’s unpaid leave within any 12-month period. To be entitled to this benefit, employees must be providing or arranging care for someone with a long-term care need, such as a physical or mental illness or injury, a disability, or care needs due to old age.
A ‘week’ means the length of time an employee usually works over 7 days. For example, if someone usually works 3 days a week, they can take 3 days of carer’s leave. This leave is intended for planned and foreseen caring commitments, and employees can take time off in full or half days, or in a whole block. This is a day-one right that applies to all employees.
If an employee needs to take work off because of an urgent caring need, employees have the legal right to take a reasonable amount of time off work to deal with an emergency involving someone who relies on them for help (as a dependent), but this dependency leave may not necessarily be paid.
An additional employment right that carers may find beneficial is the day-one right to request flexible working, which also came into force in 2024. If an employer receives a statutory flexible working request, they must accept the request unless there’s a genuine business reason not to.
How we can help
If you are a carer, or someone who relies on a carer, and would like more information on Lasting Power of Attorney, Court of Protection, Employment Law or any other legal matter please contact us by email office@thpsolicitors.co.uk, call our friendly team in Lower Earley, Reading on T: 0118 975 6622 or Henley-on-Thames on T: 01491 570 900, or complete our web form below.