2026 Legal Reset: Getting Your Affairs (and Theirs) in Order

Extended time together often reveals issues short visits do not.

You might have noticed:

• Bills left unopened or unpaid
• Confusion around dates, medication, or finances
• Declining mobility or more frequent falls
• Changes in mood, judgement, or personality
• Resistance to help that used to be accepted
  
  

If any of this rings true, it could be time to think about the future and consider what might happen if they become more unwell or if they have to go into hospital for an extended period of time".  In these instances: 

• How will they manage their finances, bills, savings and any property or business affairs?
• Will you be able to act on their behalf?
• Will doctors and other care professionals include you in key decisions?

If you are unsure, you are not failing. But you may be exposed.

If there is one legal task every carent should prioritise, it is this.

In England and Wales there are two LPAs, with similar versions elsewhere:

• Property and Financial Affairs, covering money, bills, benefits, and property
• Health and Welfare, covering medical treatment, care, and living arrangements
  
  

Without LPAs in place:

• Banks will not speak to you
• Doctors or Social Services may take decisions with which you disagree
• You may face court applications that take months and cost money just to get the authority to speak on behalf of your loved one
  
  

January check:

• Are LPAs set up?
• Are they registered? Unregistered means unusable.
• Do they contain suitable powers and guidance?
• Are the right people named, and are they still appropriate?
• Where are the original documents? Financial institutions/health practitioners will want to see the original documents or certified copies.
  
  

If your parent still has the ability to make LPAs but they have not done them, this is one of those jobs that can feel overwhelming. But getting LPAs in place prevents much bigger problems later. It is better to act sooner rather than later.

The process of setting up LPAs can be slow and is something that needs sorting before a crisis occurs or before they lose the ability to make them.

If your parent has made LPAs do the attorneys know what they can and cannot do? The law places restrictions on attorneys actions and breaching those restrictions can have serious consequences.

It is also important, particularly in relation to social care, for the attorney to understand exactly what their parent wants to be happy eg where they should live, who they want to see, what hobbies do they want to engage in, or what music  they enjoy, to name but a few.

When a parent loses the ability to understand or make decisions and there is no Lasting Power of Attorney in place, everything becomes slower, harder, and more expensive. Carents often assume they can “step in” automatically. Legally, that is not how it works.

Without a LPA, no one has authority to manage finances or make health decisions. Banks freeze accounts. Care providers demand proof. Medical teams may limit information sharing. To gain control, families must apply to the Court of Protection. This process can take many months and involves ongoing fees, reporting duties, and supervision.

During that time, bills still need paying and decisions still need making. Carents are left in limbo, carrying responsibility without power. This is why acting while capacity remains is so critical. It is not about control. It is about avoiding a preventable legal mess later.

Wills are not just about money. They are about control, clarity, and avoiding conflict.

For your parent:

• Is there a valid, up to date will?
• Does it reflect current wishes and family circumstances?
• Are the executors still alive and able to act?
  
  

An outdated will is often where family disputes begin. It’s also worth remembering that a Will does not replace a Lasting Power of Attorney.

For you:

If you are a carent, you need your own will.

Ask yourself:

• If something happened to you, who would care for your child, if relevant?
• Would your caring role leave others with financial strain?
• Does anyone rely on you practically or financially?

Caring increases risk. Planning reduces the fallout.

Many carents know what needs doing but get stuck at the conversation. Parents may hear legal planning as loss of independence or distrust. That reaction is common.

What often helps is reframing. This is not about taking control. It is about choosing who they trust while they still can. Emphasise that LPAs only activate when needed and can be tightly limited.

Pick a calm moment, not a crisis. Use practical examples, like dealing with banks or doctors. Avoid language that sounds final or threatening. You are not predicting decline. You are planning for uncertainty, the same way people buy insurance. Resistance does not mean refusal. It often means fear.

Many carents quietly manage money without legal permission.

Common red flags include:

• Using your parent’s bank card
• Paying their bills from your own account
• Being “named” but not formally authorised
  
  

January actions:

• Check bank mandates and third-party access
• Confirm who can speak to utilities, insurers, and pension providers
• Make sure financial access matches the LPA, not workarounds
  
  

Informal arrangements often work, until a bank or authority suddenly refuses.

Entitlements change. So do thresholds, savings limits, and circumstances.

At the start of each year, review:

• Attendance Allowance
• Carer’s Allowance
• Pension Credit
• Council Tax reductions
• Social care assessments and funding

What was not available two years ago may now apply. Many carers miss support simply because no one tells them to recheck.

Uncomfortable does not mean optional.

Important conversations and documents include:

• Advance Decisions or Living Wills
• Do Not Attempt Cardiopulmonary Resuscitation (DNACPR), where appropriate
• Preferred place of care
• Organ donation wishes

Doing this early gives your parent control, and protects you from having to guess later under pressure.

Isolation and cognitive decline increase vulnerability.

January is a good time to ask:

• Is anyone applying pressure, financially or emotionally?
• Are new friends or advisers suddenly involved?
• Are contracts or subscriptions being signed without understanding?

If something feels off, trust that instinct. Carents often notice problems long before professionals do.

Carents often organise everyone else’s life while leaving their own legally messy.

Your reset should include:

• Your own LPA, so someone can act if you cannot
• Your own will
• Clear instructions for dependants
• A conversation with whoever would step in for you

If your caring role vanished overnight, would your life be legally organised?

If not, that is part of your 2026 work too.

Carer burnout is not just emotional exhaustion. It often shows up as avoidance. Paperwork gets pushed aside because there is no energy left to think ahead. Legal planning feels like one more heavy thing on an already full list.

But the lack of planning is often what creates the biggest crises. Emergency hospital admissions, frozen bank accounts, family conflict, and last-minute decisions all add pressure at the worst possible time.

Good legal foundations reduce cognitive load. They mean fewer arguments, fewer urgent phone calls, and fewer situations where you are expected to decide without authority. Planning is not about being organised for its own sake. It is about protecting your future energy, not just your parent’s needs.

Legal planning is not pessimistic. It is protective.

Most crises carents face are not caused by lack of love or effort. They are caused by lack of planning, authority or clarity.

January is the moment to reset. Not perfectly. Not all at once. But deliberately.

Because caring without legal foundations is riskier than most people realise.