Planning for the future

As a carer, thinking about the future can feel daunting, especially when your energy is devoted to caring for someone each day. However, taking time now to consider how potential changes might affect both you and the person you care for can make a big difference. If their health declines or you’re unable to provide care, whether temporarily or for the long term, you’ll have the reassurance of a clear plan already in place. This can help reduce stress and uncertainty during what may already be a challenging time, and ensure that the right support is available when it’s needed most. Planning ahead also means decisions are made with the consent and agreement of both you and the person you care for.

In this section, we explore some important things to think about when planning for the future, practical steps you can take, and where to find helpful information and support along the way.

Power of Attorney

A power of attorney is a legal document that lets you give someone else permission to make decisions for you. This can include decisions about your money, property, health, and personal care. It usually explains what you want to happen if you are no longer able to manage things yourself. In some cases, it can start right away. Because it gives someone legal power to act for you, it is a good idea to get advice from a solicitor before setting one up.

The Law of Society of Scotland have a useful video which helps to explain what a Power of Attorney is and what is involved:

For further information about a power of attorney, please visit:

Office of the Public Guardian (Scotland) - What is a power of attorney?

Law Society of Scotland - Power of Attorney

Age Scotland - Power of Attorney

Carers UK - Managing Someone's Affairs (Scotland) 

Guardianship Order

If the person you care for is unable to make decisions and there is no relevant power of attorney in place, you may be able to apply for a guardianship order to manage ongoing decisions. If your application is approved, you will have the legal authority to make certain decisions on their behalf.

For further information about guardianship orders, please visit:

Office of the Public Guardian (Scotland) - What is a guardianship order? 

Age Scotland - Legal options for someone who has lost capacity

Power of Attorney vs Guardianship Order – what’s the difference?

Both let someone make decisions for another person about money, property, and/or personal welfare. The main difference is when they can be set up:

• Power of Attorney – can only be arranged while the person still understands their situation and can explain what they want.
• Guardianship Order – used when the person can no longer make decisions for themselves.

A Guardianship Order is granted by the court, which can take up to six months. It usually lasts for a set time unless there’s a strong reason to make it longer.

A Power of Attorney is set up by a solicitor and stays in place until it’s cancelled by the person who made it or until they pass away.

Making a Will

Making a will is one of the most important things we can do - after all it determines how our most personal possessions and hard-earned savings will be shared among close family and friends.

It is often a simple and inexpensive process. But failure to make a will can pose major difficulties for those left behind. Your estate, money, other assets, and possessions could be distributed according to the law rather than your wishes. It is particularly important to leave instructions if you own property.

The Law of Society of Scotland have a useful video which helps to explain what’s involved when making a Will:

For further information about making a will, please visit:

Law Society of Scotland - Making a Will

Age Scotland - Making your Will

Lanarkshire Carers - Legal Services for Carers

A range of free legal services are available to carers through Lanarkshire Carers, delivered in partnership with local and national providers. This includes information, advice and support with Power of Attorney, Guardianship, Will Writing and other legal aspects relating to caring. Carers can also receive legal advice on what to do after a death, as well as guidance on your assets and the cost of long-term care, even if you would just like to find out more about any of these legal services and why they are important.

Get in touch with us to have a conversation about ways we can support you with the legal aspects of caring. 

Note: Lanarkshire Carers cannot recommend or endorse individual solicitors or Law firms and always advise carers to conduct research when choosing a solicitor. The Law Society of Scotland has a 'find a solicitor search facility on their website. You can search for a solicitor by area of law, your postcode, or by the name of the firm. Click here to find out more.

Emergency Planning

An emergency plan is a written document that outlines what needs to be done to support the person you care for if you are suddenly unable to provide care, such as in the event of a hospital admission, accident, or other personal emergency.

Having a plan in place can stop an emergency becoming a crisis and can give you and the person you care for peace of mind. Emergency planning is relevant to all carers, irrespective of the age of the carer, the age of the person they care for or the health needs or disability the cared-for person has.

A helpful starting point is ENABLE Scotland’s Emergency Planning Toolkit

This toolkit will help you create an emergency plan. By answering ‘Who, What Why, Where and When,’ you will be able to plan for any unforeseen circumstances.

Having this important information in one place can be helpful when needed at a critical time, when time might be limited. Talk about the plan with the person you care for, if possible, and with those you would like to be named emergency contacts.

Click here to access ENABLE Scotland's Emergency Planning Toolkit

Recommended Summary Plan for Emergency Care and Treatment (ReSPECT)

NHS Lanarkshire is launching ReSPECT, a programme that aims to help everyone get the right care at the right time and in the right place, even if the patient does not have the capacity to express their wishes.

ReSPECT, which stands for 'Recommended Summary Plan for Emergency Care and Treatment, is a two-way discussion that takes place between the patient and a member of healthcare staff.

ReSPECT captures the discussion for the patient’s wishes and recommendations of care in an emergency. This information is documented on the ReSPECT plan and when completed digitally is saved into NHS Lanarkshire’s clinical portal with a copy provided via docman to the patients GP.

Through conversations between an individual, their families, and one of NHS Lanarkshire’s health care staff, patients can express what matters to them and what is realistic in terms of their care and treatment. Their wishes can then be accessible within their medical record enabling health and care staff to make the right decisions on the most appropriate place for treatment and care, in line with the patient’s wishes.

For further Information, please visit:

ReSPECT Campaign | NHS Lanarkshire

ReSPECT and You: Planning Together - Information for patients, families of patients and members of the public

ReSPECT for patients and carers | Resuscitation Council UK