Can I Make a Claim on Behalf of My Elderly Parent Who Cannot?

Yes, you can assist your elderly parent in bringing a claim. You can provide instruction to the solicitor to correspond with you whilst still being involved if they’re unable to instruct a solicitor themselves.

In situations where an individual cannot manage their own legal matters due to age-related cognitive issues, illness, or other impairments, family members can act on their behalf. Here’s a step-by-step guide to helping your parent bring a claim:

1. Assess Mental Capacity

The first step is to determine whether your parent has the mental capacity to instruct a solicitor. Under UK law, mental capacity means that a person can understand, retain, and weigh information about their decisions. If they lack this capacity, you’ll need to act as a litigation friend or arrange a Lasting Power of Attorney (LPA).

• Litigation Friend: You can apply to act as a litigation friend if your parent lacks mental capacity specifically for legal matters. This involves filling out a Certificate of Suitability and applying through the court, allowing you to make decisions in their best interests.
• Lasting Power of Attorney (LPA): If your parent has appointed you as their attorney under a Health and Welfare or Property and Financial Affairs LPA, you can act on their behalf in various matters, including legal claims. If they haven’t done so, you could apply to the Court of Protection for deputyship, which gives similar authority but may take longer to process.

2. Choose a Solicitor and Gather Information

Once authorised to act on your parent’s behalf, the next step is to find a solicitor experienced in the type of claim you’re pursuing (e.g., personal injury claim, medical negligence claim, etc.). With the solicitor, you’ll gather evidence and documentation, which may include:

• Medical Records: Any medical evidence supporting the injury or harm sustained.
• Accident Details: Reports, photos, witness statements, and any other documentation related to the incident.
• Financial Documents: Receipts or bills for any expenses incurred due to the injury, such as medical costs, travel expenses, or adaptations required for care.

3. File the Claim on Their Behalf

You’ll work closely with the solicitor to prepare the claim. The solicitor will handle most of the legal aspects, including drafting legal documents and communicating with the other party or their insurers. Your role as a litigation friend or attorney will be to ensure that decisions align with your parent’s best interests, and you’ll need to attend meetings or court hearings if required.

4. Understand the Potential Outcomes

Your solicitor will outline the possible outcomes and compensation that may be available to your parent. Compensation may cover:

• Medical Expenses
• Care Costs (current and future)
• Pain and Suffering
• Loss of Earnings (if relevant)

5. Ensure Your Parent’s Interests Are Represented

Throughout the claim, it’s essential to keep your parent’s well-being at the forefront. Your solicitor will help ensure that all steps taken reflect your parent’s best interests, especially if a settlement is proposed.

Our Legal Experts Can Help

If you’d like a consultation to discuss next steps, our team can offer expert guidance on the process of acting as a litigation friend or attorney. Contact us today for a free consultation to explore your options and receive support every step of the way.