Estate planning and all that it entails affects different people in different ways. From years of first hand experience l had a pretty good idea of what to write for our Pride series, as estate planning for the LGBT+ community can, and usually does, raise a variety of complex and specific taxation and succession issues.
Sadly my superstar associate Ashley Minott has already written about all of them!
As I was looking for inspiration elsewhere, I was moved by this BBC article. I'll be the first to admit, the issues raised in this article had never previously occurred to me, and raising that awareness is exactly what pride month is all about.
The care sector is something we private client lawyers think we know about; we visit many of our clients in care facilities, give advice as to care fee mitigation, help clients put in place health and welfare powers of attorney so decisions about care can be made, and can also assist with appealing local authority financial decisions. There are perfectly effective ways to mitigate care fees (as I write this blog I realise we haven't yet written about them, so watch this space) and there are entirely ineffective and fraudulent ways.
However, the inclusivity of a particular care home is something I hadn't thought about before, especially from the perspective that may residents may harbour their own bigoted views that can leave an LGBT+ friend or family member feeling isolated, regardless of any efforts made by the staff.
So to my mind, the take home point here is simple - if an LGBT+ friend or family member needs long term residential care, questions should be asked about the prevailing attitude of the facilities other residents about LGBT+ members, whether there are in fact other LGBT+ members (or any openly out of the closet), and if possible perhaps thought should be given to finding an LGBT+ care facility. The care home might insist you have a Health and Welfare Power of Attorney to discuss these issues.
It should also go without saying, but you should talk to your friend or family member as well to take their views.
If you have been impacted by any of the issues raised in this blog, or indeed any of our Pride series, please do not hesitate to contact me directly on 01494 893 533 or any member of the Allan Janes team.