Ethical and legal matters

Amid the extra demands and the emotional rollercoaster of caring for someone who may have high medical needs, the practicalities of life don’t go away. In fact, some practical day-to-day concerns, such as legal matters, can become more important to address.

Understanding the ethical and legal issues surrounding caring for someone with a brain tumour can be daunting. You may have questions about making decisions that affect the person you care for and how the law affects you as a carer.

The Cancer Council can help with:

• Drafting wills
• Powers of attorney
• Early access to superannuation
• Mortgage hardship variations
• Credit and debit issues

The Cancer Council has a legal referral service that can provide a Pro Bono (free) service if the applicant meets the means test. If you do not meet the means test, you can also pay for assistance through this service or privately.  Click below to see how they can help, or contact the Cancer Council helpline on 13 11 20.

The social workers and welfare officers at the hospital may also be able to help you.  Ask a doctor, Cancer Nurse Coordinator or the Research Nurse to organise an appointment.

Australian Capital TerritoryCancer Council ACT: Practical Support
New South WalesCancer Council NSW: Legal and Workplace Support
Northern TerritoryCancer Council: Practical and financial assistance – Northern Territory
QueenslandCancer Council Queensland: Managing finances
South AustraliaCancer Council SA: Legal & financial assistance
TasmaniaCancer Council: Legal and financial assistance
Western AustraliaCancer Council WA: Practical issues after a cancer diagnosis
VictoriaCancer Council Victoria Legal Support Program

Making decisions

Sometimes people with brain tumours (particularly if advanced) are unable to make decisions about their medical care. If so, health providers may involve you in decisions about their care and treatment. As their carer you will have an invaluable insight into their wishes and be able to advocate for them, but you will also be guided by their doctors, who will hold responsibility for medical decisions. It can feel overwhelming for carers to make important decisions about their friends or relatives. It can be helpful to have honest and open discussions with the person you care for early in the course of their illness.

Advance Care Planning

Advance Care Planning can enable people to identify certain wishes for their care towards the end of their life when they may not be able to communicate effectively. For example, there may be treatments they do not wish to have or preferences about where they die. It can relieve some uncertainty for you, the person you care for, and health professionals. You can ask your doctors about making an advance care plan.

People with advanced brain tumours may become unable to manage their financial and social affairs due to problems with their memory or frailty. They may wish to give you authority to access and manage their finances in which case they should grant you Power of Attorney. This will only be used if the person is unable to manage their own affairs. A social worker will be able to help process this.

Confidentiality

Health professionals understand that it is important for carers to have information about the person they care for. The person you care for should tell their health providers about you, their carer, and that they may share information with you.