Legal support following a stroke
The impact of a loved one suffering a stroke can be highly distressing for them and their family. In the aftermath, the survivor and their relatives might require assistance in managing continuing legal matters. It's important here to acknowledge that each situation is unique; while some individuals may fully recuperate, others might face enduring challenges. For many, the journey towards recovery can be a lengthy process.
The stroke survivor will need to ensure that their affairs are dealt with, either by them with some support, or by someone else if they are not able to manage things themselves. This not only includes their financial affairs, but their care arrangements as well, following an assessment of their care needs.
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Frequently asked questions
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Yes, stroke survivors in the UK are protected by various laws and regulations. The Equality Act 2010 is the primary legislation that prohibits discrimination based on disability, including stroke-related disabilities. It covers areas such as employment, education, housing, and provision of goods and services.
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Stroke survivors in the UK are protected against various forms of discrimination, including direct discrimination, indirect discrimination, harassment, and victimisation. Direct discrimination refers to treating someone less favourably due to their stroke-related disability.
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Creating a Will is important for stroke survivors in the UK, as it allows them to specify how they want their assets and belongings to be distributed after their passing. By having a legally valid Will, stroke survivors can ensure that their wishes are followed, provide for their loved ones, and potentially minimize any disputes or complications that may arise regarding their estate.
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A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the "donor") to appoint someone they trust (the "attorney") to make decisions on their behalf if they become unable to make decisions independently due to physical or mental incapacity, such as a stroke. For stroke survivors, an LPA can be crucial in ensuring that their financial, property, and healthcare decisions are made in their best interests and according to their preferences, even if they are unable to communicate or make decisions themselves.
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In the UK, there are two types of LPAs: Property and Financial Affairs LPA and Health and Welfare LPA. A Property and Financial Affairs LPA grants the appointed attorney the authority to manage the donor's financial affairs, including paying bills, managing investments, and buying or selling property. A Health and Welfare LPA, on the other hand, gives the attorney the power to make decisions related to the donor's healthcare, medical treatments, and general welfare, including decisions about living arrangements and end-of-life care.
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To create an LPA in the UK, stroke survivors need to follow a formal process. It involves completing the relevant LPA forms. The forms require the stroke survivor to appoint one or more attorneys, specify their powers, and include any specific instructions or preferences. The completed forms must then be registered with the OPG, and a registration fee is payable.
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