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Right to Stay and Die at Home Planning

What The Right to Die at Home Planning aims to achieve is to find out what is really important to you, (and others if you wish), and how we can act on that in a practical way.

Within your planning, you may like to consider the Right to Stay and Die at Home planning and produce a Document of Decisions to be kept with your other legal documents (In your Advance Care Plan folder).

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Once your Right to Stay and Die at Home plan is recorded you can be sure everything possible has been done to carry out your wishes.  In going through the process of this plan, you may identify situations in which you would not wish to be at home, alongside which you may also identify what and who is important to you.  This means your dearest wishes have been established and can be adhered to.  

 

If you have created an Advance Care Plan it can be stored in the folder along side your Living Will and Attornies if you like.  You may have a lot more control and power than you imagine by doing this and take what could be an immense burden of decision making off others.  We will help advise and guide you all the way.

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In addition, as our service promises, we are committed to breaking down barriers that are preventing you from completing your planning goals.  If you would prefer agreement but are finding it particularly difficult to achieve for your wishes, then you may wish to consider an Empowered To Talk session with our mediation service.  The process can be highly successful. Talk with us about this.  Do remember, that you do not need anyone's permission to exercise this (or any) right.  However, in this case you will likely need the involvement of the people around you to effectively follow your instructions and so it is likely discussions may need to be had with certain people.

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Whilst we are looking at the Living Will/Advance Directive and Advance Statement we can consider whether you require Lasting Powers of Attorney.  Relatives cannot automatically step in legally on your behalf, you have to appoint an attorney to do that.  Please see Serious & Terminal Illness Planning for more information on this.  It may be particularly important to consider Isobel's Conditions to ensure no attorney abuse and to ensure consideration is given for you just as you would expect.  These conditions were devised as a result of Isobel's true story.  It guides you to consider additional measures for your protection and the clauses you might consider when appointing a Power of Attorney.  For example, if an attorney is required to make a medical decision, there must first be a consultation and evidence from a medical professional.  There are a number of considerations and advice that should be given to every client before finalising their LPA.

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Of course within this process you may review or create a Will.  We will consider your position using Wholelife Planning.  This will consider your wholelife position now and in the forseeable future.  It may include minors, people or property you wish to protect.  Are there consequences of gifts on any beneficiaries? For example whether you have made gifts within the last 7 or 14 years and whether any beneficiaries are minors or parents that might require a trust until of age.  Have you prevented your Will from failing and ensured all beneficiaries have substitutes?  When you are satisfied you have covered all eventualities, we can prepare your Will if you need.  Keep your Will private.  Accompanying documents may be stored together in your Advance Care Plan folder to ensure all healthcare professionals and important people in your life have easy access to your wishes and instructions. 

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An Advance Statement is usually included with a Living Will / Advance Directive.  If you prepare a Living Will with us then an Advance Statement will be included in the price.  We consider it important the two are together.  Your Document of Decisions will outline your choices and why to support you in case it is questioned or challenged.

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We will consider use of the Letter of Wishes which often accompanies a Will.  You may also include other details you wish for such as your funeral arrangements and you may be as brief or detailed as you wish.  This can be updated at any time such in the event of a serious illness or change of circumstances.  This will also prepare you in the event of unforseen circumstances and can move forward to living your best life.

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There may be a trigger bringing you to discuss this matter with me.  You may have been diagnosed with a serious illness you may wish to prepare for the future. You may dealing with an injury or hospital visit which has focussed your mind to prepare for the future.  Be assured that I will provide you with a sensitive and practical response.  Doing this also may bring with it a number of practical or emotional issues.  You may need to involve discussions with your carers regarding care and treatment before it can be recorded in documentation and indeed with your family.  It is common where there has been no planning or discussion, for families struggling with the burden of decisions end up in dispute with the hospital and each other.  We aim for you to reach agreement with your goals, wishes and instructions.  We will guide you with who you need to speak to and how to put in place a plan whilst navigating any difficult or emotional situations. 

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Note:  Please please please do not change or create a Will in favour of anyone who has to persuade you (includes family members) to do so and/or comes into your later life suddenly until you have discussed it with someone else you trust such as ourselves, or your GP.  If you don't know who to talk to, call Age UK Befriending Service    https://www.ageuk.org.uk/services/befriending-services/  to stay safe and combat loneliness.  Then discuss your wishes only with an experienced accredited person who has been recommended beforehand.  The Society of Will Writers or Law Society can help.  There are too many exploitation stories to not make this plea.  Whilst we must absolutely make a Will according to your wishes, any professional should record on file if there is any appearance of duress or persuasion. 

So pick your Will making professionals carefully. 

Only use someone who has been recommended independently to you

Think twice before changing your Will in favour of someone different in later life, even if its family.

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This planning process is designed to help you think about various things and provide a safe space to explore concerns and options.  I am a professional committed to giving you the time and structure to make the plans you would like.  

 

What The Right to Die at Home Planning aims to achieve is to find out what is really important to you, (and others if you wish), and how we can act on that in a practical way.  If, for example, you have expressed the wish to die at home but it is not possible perhaps because of a surgery or other circumstance we might consider, then what is important to you has been discussed, recorded and put in place for others to know and organise.  Assurances, precious possessions, people and plans are included. 

 

We also aim to address the common experience of regrets and guilt by facilitating discussion and sharing concerns to faciliate creating plans and documents that make your wishes clear.  It is all with the aim of giving you peace of mind to focus on what is important, living your best life now in any way you choose.  Do you have a dream of how or where you would like to be?  Would you like to share that? 

 

Talking about these things with someone [you love] can be tough to face, but consider this, end of life planning does not mean end of options and end of living, it aims to be there to free you up to live your best life. 

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You may think about what you and maybe those closest would do near the end of your life.  You may express the wish to be at home at the end, but what if you cannot or dont wish to place a burden on anyone?  Is Home where the Heart is?  Is "Home" not a physical place but any space if it is with your family or someone you care about or a precious items with memories?  What plan would you like to consider if that is the case?  If End of Life Care becomes a Hospice, is being surrounded by people you love or particular items what is really important?  Would taking you out of the hospital environment be really important so you can be in your garden?  Would not feeling alone be really important? Would being a burden on your family be a real worry?  Is there a special request?  "Please take me down to sit by the sea for as long as possible when I am near the end"  How can that special request be achieved?  We encourage you to think about how you can make your life its best to the end, do whatever it takes to create a plan then record the wishes.

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We therefore provide the rare opportunity to talk to each other in a completely safe environment about concerns, wishes, worries and how you would like things to happen if possible?  What practical steps can be done to achieve your wishes or ones that would be acceptable if your best plan cannot happen?

 

This kind of subject rarely gets discussed and explored ahead of time.  The consequences of that can be very challenging.    People are often left with enormous regrets and guilt.  Too many "if onlys .... of should I have ...".  Maybe that is your wish:  to communicate your thoughts and feelings.  If you wish it, we provide the space that enables communication and practical discussions surrounding a difficult subject.  Any doctor or legal professional would encourage you not to leave such decisions to the last minute where choices can become difficult and very limited . 

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Even if the situation has become urgent to deal with, whilst there is capacity, this can still be done.

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I can provide sensitive experienced guidance in a safe format, whether in person or on zoom, it works.  If you want to discuss your needs, please call.

Many people do not know you have a right to say where you would like your end of life care to be.  So, for your information we include a link on End of Life Care with the NHS so you can see what the NHS say :

​https://www.nhs.uk/conditions/end-of-life-care/what-it-involves-and-when-it-starts/

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As is identified in the video by Melita's husband, what is truly important is that it is identified what is important to you and what your wishes actually are.

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The NHS say " You have the right to express your wishes about where you would like to receive care and where you want to die. You can receive end of life care at home, in a care home, hospice or be cared for in hospital, depending on your needs and preference.

People who are approaching the end of their life are entitled to high-quality care, wherever they're being cared for.  "

Right to Die at Home and the NHS

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A terminally ill man won his fight to die at home after a health authority in Wales had refused to provide care at home.  They finally agreed to fund his nursing care at home.  However, a solicitor had to be hired to fight for it.  The case was to be heard in the High Court in London but the hearing did not have to go ahead.  The health authority agreed before the court hearing took place.  There can be hurdles to achieving your wishes.  Hopefully you wont have to go this far but if you do need to challenge a decision to refuse care at home, we can put you in touch with an experienced solicitor who can advocate the right for you die at home.  If you are encountering problems, please contact us.

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Many people do not know that there is a right to die at home and feel they have to go along with what is easier for the hospitals to organise.  The NHS does provide good information in how you can organise hospice care and end of life care so hopefully it will no longer be a challenge.

Be in control.  Be Certain

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