Expert Legal Guidance
Recovering from a critical illness often brings unique legal challenges—from managing finances and employment rights to protecting the future of disabled loved ones. This guide simplifies the process of finding specialist advice.
Wills, Trusts & Probate
If you are receiving means-tested benefits or have a significant injury settlement, a standard "off-the-shelf" will may be insufficient. Specialist advice ensures your estate is protected.
Using Trusts
A Trust allows you to leave money to a disabled relative without making them ineligible for essential state benefits like Universal Credit or Tax Credits.
Trustee Duties
Trustees manage the funds. They must act in the beneficiary's best interest, keep strict accounts, and follow fiduciary duties.
| Trust Type | Purpose |
|---|---|
| Compensation Protection | Protects personal injury settlements while maintaining access to state benefits. |
| Disabled Person’s Trust | Names a disabled child as 'primary beneficiary' to ensure income doesn't affect state support. |
| Life Interest Trust | Protects assets (like property) from being taken into account during financial assessments for care. |
Lasting Power of Attorney (LPA)
Legally, your family members do not automatically have the right to manage your affairs. You must appoint them using a formal LPA document while you still have mental capacity.
Employment Law & Disability
The Equality Act 2010 protects you from discrimination. If your illness has resulted in a disability, your employer is legally required to support you.
- Flexible start/finish times to avoid rush hour.
- Providing specialized equipment (ergonomic chairs, screen readers).
- A phased return to work schedule.
Legal Jargon Buster
- Mental Capacity
- The ability to understand, remember, and use information to make a specific decision.
- Professional Deputy
- A specialist (often a lawyer) appointed by the Court to manage someone's affairs when they lack capacity and have no LPA.
- Statutory Will
- A will made by the Court of Protection for someone who lacks the mental capacity to write one themselves.
Legal Toolkit
Need Tailored Advice?
If you require a specialist qualified solicitor for tailored legal advice, contact:
Slater + Gordon Gov.uk LPA Portal