Serious illness leaves families facing legal barriers to representation

Serious illness can force families to resolve urgent legal matters while also caring for a relative, LSM reported, citing Zemgale Regional Television. Problems arise when a patient can no longer fully express their wishes but documents still need to be processed or services and technical aids arranged in their name.

The Latvian Council of Sworn Notaries plans to submit proposals to the Ministry of Justice to improve the regulations and simplify relatives’ ability to handle such paperwork.

Arturs Jekabsons’ family life changed completely after his wife was diagnosed with a rare genetic disease that paralysed her body within a year. Alongside caring for her health, the family had to resolve legal issues to obtain necessary services on her behalf.

“I tried five different notaries. They all refused me, saying that the person had speech impairments. It was impossible to obtain her opinion, and they could not help us. At that moment, I was completely at a loss because I did not understand how I could legally represent my wife,” Jekabsons said.

In Latvia, a spouse cannot automatically represent their partner. A notary must establish that the person understands their actions and clearly expresses their wishes. If that is not possible, a power of attorney cannot be prepared.

Aigars Kaupe, chairman of the Latvian Council of Sworn Notaries, said a notary could not help when a person had completely lost their capacity to act because the person still had to express their own wishes.

The council said people often turn to notaries only after an illness has progressed too far. It recommends preparing a future power of attorney in advance. If this has not been done, the current solution is to seek the establishment of guardianship through a court.

Ilze Zosule, a board member of the Hospiss LV association, said care involving social services, hygiene and meals requires applications, contracts and other paperwork. She proposed allowing these services to be arranged without obtaining signatures on lengthy contracts when a person is receiving hospice care during the most difficult stage of their life.