I have always been an advocate of getting your legal affairs in order, but it has really hit home for me this month just how important having the right documents in place is. I have recently found myself in a situation where instead of being the solicitor preparing the documents, I have become the person in need of them for an aging parent.

It is equal parts heartbreaking and frustrating to become a carer for someone you love experiencing cognitive decline. One day, they are exactly the person you knew and loved growing up, and can get themselves a cup of tea and make a sandwich for lunch without any hint of a problem. The next day they cannot remember where the kitchen is. Each day is completely unpredictable as to how much care and assistance will be needed.

Unfortunately for me, this all happened rather suddenly,  I had to step in and take over when the plan in place while my other parent is overseas fell through. I thought it was going to be a simple matter of packing some clothes and moving the parent in with me for a few weeks. That’s when I found out exactly how much I didn’t know. I had no idea what bills might come in and need to be paid, whether there were any services that need to be cancelled, or what else I even needed to consider.

I realised just how important that day-to-day stuff is when I found a box of different medications while packing. I wasn’t sure what was current, what medications might belong to the other parent, or how much I could trust the description of  “I take one red one and one white one every morning”. Quick call to the parent’s GP office and I am promptly informed that they are not able to release that information to me. Rather than resorting to Dr Google, I started looking around the house for legal documents. I didn’t find any, but a call to my parent’s solicitor confirmed that they did have documents prepared, including an appointment of Enduring Guardian to make medical decisions on their behalf and that they were currently held in safe custody storage. Better yet, the documents also included a back -up plan in the event that one parent was not able to act as a guardian for the other, I was listed as the substitute guardian. I was able to attend the solicitor’s office, obtain a certified copy of the Enduring Guardian document, and then present at the GP’s office with ID and documents confirming the other parent was overseas in order to get confirmation about the medication question.

Nothing is simple about having to provide care to someone with cognitive decline, but it is much simpler to do the things that you need to do when there are appropriate legal documents in place. Even if you already have the documents, make sure they contain a back-up plan if possible and are stored somewhere where they can be easily found when they are needed.

KC Hilton, WNB Legal