There are a number of things you can do to organise things in the way you would like whether it be for an illness for a temporary period of time or a terminal illness.

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If you need someone to temporarily or permanently made decisions on your behalf, you can consider a Fianancial Lasting Power of Attorney and a Health Lasting Power of Attorney  or a Living Will/ Advanced Directive.  If you wish for decisions regarding life or death to be made on your behalf, you do have to formalise this into a legal document such as a Living Will. The two documents together can form a set of instructions and powers that greatly reduce the burden and often conflict with families and doctors, when it comes to making difficult decisions on your behalf.  We can discuss this with you and help you make a decision on what you would like or need.

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This can apply if you know you will become [seriously] ill for a time but expect to recover and resume control of your life.

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You could also make a Living Will where you could specify that you do not want to be put on a ventilator and describe your wishes. However, unlike a Power of Attorney, a Living Will does not appoint a person to manage your care going forward, and it does not cover financial aspects.

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A Living Will, is also known as an advance decision or healthcare directive.  It is a legally binding document that outlines an individual’s preferences regarding medical treatments and end-of-life care and must be in place if you wish for life or death decisions to be made.

It will ensure that a person’s wishes for medical intervention or non-intervention are respected when they are no longer able to communicate or make decisions due to incapacitation.  (Therefore making this while you still have capacity is very important).

A living will does not include details of how your estate should be distributed on death. It often covers decisions related to life-sustaining treatments, resuscitation, palliative care, organ donation, and the administration of pain medication. A Living Will must be prepared and signed while the person is of sound mind and capable of making decisions. It becomes effective when the individual is unable to make medical decisions themselves.

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Martin Lewis says that Powers of Attorney are 'arguably more important' than having a will, and was eager to explain the 'fundamental misunderstanding' that many people have. But, a LPA can only be set up when the donor has the ability to 'weigh up' information and make decisions with 'mental capacity. '

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Martin Lewis has gone onto Twitter to explain why having a Power of Attorney and writing a Will is so important after figures show that 62% of people have neither in place.

 

The Money Saving Expert carried out a poll which revealed that only 12% of people have a power of attorney, which he said was “somewhat worrying.”

Martin Lewis said a Power of Attorneys is ‘arguably more important’ than having a will, and was eager to explain the ‘fundamental misunderstanding’ that many people have.

 

A Power of Attorney is a legal document where one person (the donor) gives another person the right to make decisions on their behalf. Once in place, the POA can make choices for the donor, including medical or financial decisions

But, a POA can only be set up when the donor has the ability to ‘weigh up’ information and make decisions with ‘mental capacity.’

One follower responded to the poll to say their son is their next of kin so they ‘don’t need’ a power of attorney. But Lewis responded to explain that this is a ‘common’ mistake people make, and even with a next of kin in place, things can get tricky without a power of attorney.

Martin Lewis tweeted: “Power of attorney is there to give someone ability to manage your affairs and finances if you lose your faculties. Without your son would need apply to the difficult, court of protection to take over if you lost faculties, which takes far too long and is very expensive often leaving people in a nightmare limbo.”

The poll also showed that only 26% of people have a will in place. Your will lets you decide what happens to your money, property and possessions after your death. But if you die without a will in place, the law will decide who gets what.

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Tipi Wills & Mediation would also add to the voices that recognise how enormous the burden on families, and doctors, can be when it comes to making decisions on behalf of loved ones.  It is by far easier on the family, at what is usually already a very difficult time, if you have made the decisions for them and recorded that into a legally binding document. 

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Tipi Wills & Mediation will guide you through the process of creating a Living Will and a Lasting Power of Attorney for Health or Finances.  We will also guide you through the process of making a Will that remains effective and includes your wishes in a Letter of Wishes that goes with the Will.  Please do call and tell us what you may need and we will guide you through.

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