Are you thinking of making a living will?

What is a living will?

A living will (sometimes known as an advance directive) is a written statement detailing your wishes regarding health care and how you wish to be treated if you were to become seriously ill. Living wills come into force when you are no longer able to communicate your own choices and can be useful if you have not made a power of attorney. Living wills are legally binding under the Mental Capacity Act 2005. This means that as long as a living will is valid and applicable then any refusal to accept treatment set out within it is legally binding in England and Wales.

Please note that a living will is not the same as euthanasia, but a request in advance to doctors not to give certain life-sustaining treatments. 

Who can make a living will? 

Anyone who is aged 18 years or over and has the mental capacity to do so.

Does a living will need to be signed and witnessed?

If you are choosing to refuse life-sustaining treatment then this must be done in writing and both you and at least one witness must sign it.

Power of Attorney Solicitor Hertford

If you are looking to prepare a power of attorney it is important to consult a specialist who can discuss all of the relevant options with you; give you accurate advice on the implications of each decision and guide you through the process from start to finish.

We are proud to have two solicitors who specialise in powers of attorney, both of whom are Dementia Friends and members of Solicitors for the Elderly. 

We offer fixed fees on all power of attorney packages so that you know exactly what you have to pay with no hidden extras. Our office is in Hertford and we have parking available, but if it is more convenient for you we also offer free home visits within a 20 mile radius. If needed we are happy to arrange to see you outside of office hours. 

There are different types of power of attorney:

• General power of attorney - usually used as a short term measure, for example if you are going abroad for a long trip and need some matters dealt with whilst you are away.
• Property and financial affairs lasting power of attorney (LPA) - this is a document that authorises your chosen attorneys to act for you even if you lose mental capacity. You can allow them to do anything with your money and property that you yourself can do, or you can restrict the way in which they can act for you. 
• Health and welfare lasting power of attorney - this document also allows your attorneys to make decisions for you if you have lost mental capacity. It covers the care and treatment you receive, and you can also decide whether or not you wish them to be able to make decisions in relation to life sustaining treatment on your behalf. 
• Enduring power of attorney (EPAs) - this was the document used until 2007 to give attorneys authority to act even after you had lost mental capacity. Since 2007 it has not been possible to create new EPAs, but valid documents created before that date are still valid. 

For more information or for details of costs please see our website http://www.gardenhousesolicitors.co.uk/powers-of-attorney-and-court-of-protection.html or call us on 01992 422128 to arrange an appointment. 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

What is a general power of attorney?

Article by
Sharon Brown

There are three main types of power of attorney you may come across:

• General or ordinary powers of attorney;
• Enduring powers of attorney (EPA); and
• Lasting powers of attorney (LPA).

You can find out more about the latter two types on our website, where you can also download our FAQ guide on powers of attorney.

 

A general power of attorney is a legal document allowing you to authorise someone else to carry out matters on your behalf. For example, if you are going on holiday for a length of time or having an operation that means you will not be able to sign things easily for a few weeks. It is also quite common for people who are going travelling for 6 months or a year.

 

A general power of attorney can be used for one specific purpose; for example if your car was being sold whilst you were away or if your house insurance policy was due for renewal or it can be to cover all of your property and financial affairs. Whilst they can be very useful, they are only for a set period of time. If you need something more permanent you really should consider setting up an LPA. One of the major advantages of an LPA is that it can still be used if you lack mental capacity, for example if you are in a coma.

 

Another time general powers of attorney can be useful is if you have prepared a property and financial affairs LPA and are waiting for it to be registered by the Office of the Public Guardian. We can set up a general power of attorney for you to enable to your chosen attorneys to start acting straight away. This type of general power of attorney is usually limited in time so that it ceases to be valid when your LPA is registered.

 

If you have queries or questions on any type of LPA please feel free to contact me by telephone on 01992 422128 or by email to Sharon@ghslaw.co.uk

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Proclaim Case Management System

GHS has recently implemented the Law Society’s accredited Proclaim Case Management System which is streamlining a vast number of administrative processes, reducing turnaround times and increasing the quality of the service our clients receive.

We believe we need to stay ahead of the competitive legal market and by investing in this technology we anticipate providing an even better service to our clients. 

Who Should I Appoint as My Attorney?

Article by
Sharon Brown

Once you have decided to make a Lasting Power of Attorney (LPA) it is important to spend some time considering who you want as your attorney or attorneys.

Your attorneys will have legal authority to act on your behalf if you lack mental capacity.

You can choose to have more than one attorney, and indeed this can be a good idea.  However, having too many may prove impracticable.  The main factor is that your attorneys are people you trust.  Whilst it is not essential, it would be helpful if your attorneys know each other or are at least willing to work together.  If there is an existing rift between them it could cause unnecessary delays in your affairs being dealt with.

You should also consider how realistic it is for your attorneys to be able to assist you, for example, if they often spend long lengths of time in remote parts of the world, it may be sensible to choose another attorney who is more local.

You can also name one or more replacement attorneys in your LPA, in case your first choice can no longer assist you.

There is no obligation on you to have the same attorneys for your financial LPA as your health and welfare LPA.

To discuss your decisions and next steps, telephone me on 01992 422128 or email Sharon@gardenhousesolicitors.co.uk

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Connect with me on LinkedIn

 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Who Needs a Power of Attorney?

Article by
Sharon Brown

Anyone who would like to have a say over what health care and/or treatment they receive in the future, or who has assets in their sole name should make a Power of Attorney.

There are two types of Lasting Power of Attorney (LPA); one to cover health and welfare issues and one to cover your property and financial affairs.

Many people are not aware of what a Power of Attorney is and, even those that are often assume it is only elderly people or those suffering from illnesses such as dementia, who need to make an LPA.  This could not be further from the truth.

There are many health conditions that can leave you without sufficient mental capacity to manage your affairs.  Furthermore, you could be the victim of an accident at any time, regardless of how old you are.

LPA's for Businesses

Article by
Craig Ward

What would happen to your business if you were unavailable for a month? This can so easily happen, you get stuck abroad with flight delays, you’re injured and need to recuperate, or you could lose mental capacity. These situations can be managed by making a Financial Lasting Power of Attorney for Businesses. A Lasting Power of Attorney lets you appoint someone who knows your business well to manage it if you’re not able to. Your business may have taken years to build up, in just a short month it could be wiped away which is a waste.

Help! I Need Somebody...

Article by
Sharon Brown

Have you ever considered who would look after your finances if you couldn't look after them yourself?  Many people assume that this is something only the elderly need to consider, but due to strokes, heart attacks, and other debilitating illnesses or accidents mental incapacity is something that can affect anyone of any age.

If you lack sufficient mental capacity your spouse, children, friends or other family members will find it extremely difficult to look after your finances on your behalf.   Banks and other financial organisations are legally not allowed to give them any information or discuss your finances with them.

LPA Solicitor in Hertford

Article by
Sharon Brown

Since starting work in Hertford I have assisted a number of clients take control of their future by preparing both Property and Financial Affairs Lasting Powers of Attorney (LPA's) and also Health and Welfare LPA's.

If you or someone you know in Hertford or the surrounding area requires assistance with a power of attorney I would be happy to help.  Being local to you means I am on hand when needed and can offer home or hospital visits at a time to suit you.  At Garden House Solicitors we believe in providing a service tailored to you and therefore we do not charge extra for visiting you at home.

Please take a look at our Wills and Power of Attorney page for more ways in which we can assist you look after your loved ones or telephone me on 01992 422128 to see how I can help you with your LPA.  Alternatively, you can email me - sharon@gardenhousesolicitors.co.uk  

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

When Should an EPA be Registered?

Article by
Sharon Brown

If you are the donor of an Enduring Power of Attorney (EPA) then you do not need to worry about registering your EPA.  However, your attorney(s) have a duty to register the document with the Office of the Public Guardian at such time as you lose mental capacity or begin to lose mental capacity. 

Capacity is time and decision specific and it can therefore be slightly confusing for an attorney to know exactly when they should start the registration process.  Part of the registration is to notify you and at least three of your relatives, and this acts as a safeguard to prevent an attorney taking unlawful control of your affairs.  If when the registration process is started, you or one of your relatives has a concern, it is possible to object to the Office of the Public Guardian on specified grounds.  

Will a Bank Accept an Unregistered LPA?

Article by
Sharon Brown

The simple answer to this question is no.  A Lasting Power of Attorney is not valid until it has been registered with the Office of the Public Guardian. 

On the contrary, an unregistered EPA (Enduring Power of Attorney) may be accepted by banks and other financial organisations – it is at their discretion though, so there are no guarantees.  An attorney under an EPA has a duty to register the document with the Office of the Public Guardian when the donor has lost, or is beginning to lose mental capacity. 

Re M - High Court Ruling 29th September 2011 - The Right to Die

Article by
Sharon Brown

Many people have been following the sad story of the brain injured lady known as M. It was announced in the press yesterday that Mr Justice Baker in the High Court ruled that M should not be allowed to die.

Her family had argued that they wished her life support machine to be turned off as she was in pain and would not have wanted a life where she was dependent on others. The Official Solicitor and the local authority responsible for her care opposed the application.

Frequently Asked Questions on Powers of Attorney

Article by
Sharon Brown

Is my Enduring Power of Attorney still valid?
Since October 2007 it has not been possible to prepare new Enduring Powers of Attorney (EPA’s), but any documents made before that date are still valid.

What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a special type of power of attorney which allows the donor to choose someone to act on their behalf and to make decisions for you if you lose mental capacity. There are two types of LPA, one to cover your Property and Financial affairs and one to cover your Health and Welfare.

What is an Enduring Power of Attorney?

Article by
Sharon Brown

An Enduring Power of Attorney (EPA) could be made prior to October 2007, and enabled a person to choose who they wished to assist them in relation to the financial affairs.

Since October 2007 it has not been possible to prepare new EPA’s, but any that are already in existence are still valid. The change in the law made it possible to produce two types of Lasting Power of Attorney (LPA); one to cover your property and financial affairs and one to cover your health and personal welfare.