Caring in Law; Caring for Caregivers

William and Sharon Cahir of Cahir & Co Solicitors, Ennis. Photograph by. Natasha Barton

“To care for those who once cared for us is one of the highest honors.” Tia Walker, The Inspired Caregiver: Finding Joy While Caring for Those You Love

Getting older can bring senior health challenges to a home and some aging and health challenges will affect mental health and a person’s capacity to make decisions . As a caregiver its important you are aware that there are legal documents and supports that can be put in place by the person you are caring for to support you to carry out their wishes as they would want. There is a legal mechanism that supports the wishes of the person you are caring for. Every person over 18  can put legal documents in place to be specific about their wishes for their healthcare, their wishes for specific caregivers and the authority their caregivers or other specifically nominated persons can have regarding the management of their finances . The person putting documents in place to provide for their welfare into the future can give extensive powers to someone to act in all areas on their behalf or restrictive powers in specific matters so their wishes are carried out at some time in the future .Whether you are a new or existing caregiver what should you be considering for discussion with your loved one?

The National Carers’ Strategy defines a carer as: ‘Someone who is providing an ongoing significant level of care to a person who is in need of that care in the home due to illness or disability or frailty’ 

As a new caregiver, you should begin discussions with  your loved one at the earliest opportunity about how best to approach any legal requirements they may need to put in place to support you in your role as care giver and decisions you may need to make on their behalf if they ever reached the stage of not having the necessary mental capacity. As an existing caregiver you may be managing well to deal with the healthcare needs and financial assistance your loved one needs but making legal preparations and discussing what requirements are needed after your loved one has been diagnosed with a senior serious illness is imperative especially where a diagnosis of an illness will affect your loved one’s mental capacity in the future. 

People diagnosed with dementia, Alzheimer’s and other long-term illnesses may have the capacity to manage their own legal and financial affairs right now. But as these diseases advance, loved ones will need to rely on others to act in their best interests. This transition is never easy. However, early family discussions and advance planning allows people with a long-term disease and their families to make decisions together for what may come.

In the 2016 Census Dublin city had the highest number of carers with 20,808, representing 10.7% of carers in the State. This was followed by Cork county with 18,269 (9.4%), South Dublin with 10,534 and Fingal with 10,515 (both 5.4%) and Kerry (4.58%). Co Clare recorded 4.62% of Carers in the state The 195,263 carers in the census provided per information submitted in the census 6,608,515 hours of care each week, giving an average (excluding not stated) of 38.7 hours of unpaid care per carer. This is up on the 38.3 average hours care in 2011 and a rise of 321,005 hours of total unpaid care.   (

Family discussions 

The Oxford dictionary defines the Discussion as ‘ The action or process of talking about something in order to reach a decision or to exchange ideas’  . Discussion amongst families or loved ones is more of an art form as it requires empathy ,tact and courage . It is hard for caregivers to approach the topic sometimes as there are real concerns family members may see it as opportunistic. Sometimes it is well known among family members that different members of the family may have  different views on healthcare or financial aspects for their loved ones . In many cases it is straight forward and clear as to who the caregiver is or would be in the circumstances that arise but clarity is power and seniors or persons diagnosed with illnesses need to engage with the communication process and be proactive in the discussion as to who they wish to be the person to care for them and who they wish to have the power to make decisions on their behalf . There can be family conflict otherwise and often this is the aspect not discussed . Family conflict can be more difficult for the caregivers than the cared for many times but often this is the aspect of aging and senior ill not discussed .  So family conversations should see discussions as the definition suggests ‘ a process of talking ‘ and ‘ an exchange of ideas’ so as to reach a decision but the person needing care and the person being provided for and protected is central to the discussion and their wished and desires must prevail .  

Clearly written legal documents are essential for the support , clarity and protection of family caregivers and the loved one they are caring for says Sharon Cahir Solicitor for the Elderly. Cahir and co have over 40 years’ experience in Senior law and elder legal needs.

Previous articleFive Extraordinary Date-Night Ideas Away in Dublin
Next articleWill Wars – what can go wrong?
Cahir & Co., solicitors was established over forty years ago and we are focused on delivering a personal and professional service at all times. We place our clients at the heart of our firm. We are a second generation family business and an award winning legal firm. We strive to deliver successful results to our clients. The combined skill and experience of our solicitors and administrative staff ensures that we provide the highest quality of legal services to a broad range of clients on a local, regional and national basis. We have an established client base in the commercial and private sector both in Ireland and overseas. Our law firm continues to grow as a result of regular referrals from satisfied clients who recommend us to their friends, family and colleagues.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.