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Serious & Terminal Illness Planning

Our research revealed this was the most important and unaddressed issue for the majority of people.  In response we designed a clear and specific planning service.   It aims to give you some peace of mind at a time when there will be many other things to think about.

Once you have completed this Planning you will have also considered whether you wish to exercise The Right to Die a Home.  You will receive a Document of Decisions describing what you have decided and why.  This can help if challenges or questions are raised about your decisions.  This can be kept with your other documents in the Advance Care Plan folder. 

I am an experienced and sensitive practitioner who will listen to your needs and concerns.  From this we can produce advice and documentation to support your wishes and instructions.  You will have a safe space to discuss, share and consider your choices.

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You will consider a Living Will/Advance Directive because you are indicating your wishes in advance.

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We also provide Empowered to Talk pre (or post conflict) mediation to help reach acceptance of difficult decisions being made by you whether or not you know what is coming.  You may book one or more meetings to plan and discuss and book an Empowered to Talk meeting if required.

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An Advance Decision (Living Will) allows you to record medical treatments that you decide you would not want to be given in the future in certain circumstances. You may become unable to make or communicate decisions for yourself at that time. So an advance decision to refuse treatment is often prepared alongside an Lasting Power of Attorney for Health rather than leave such a big decision to an attorney.  If you are refusing treatment that would be life sustaining then you must make this a legally binding document and so it is recommended to use an Advance Decision.

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An Advance Statement allows you to record your wishes, feelings, beliefs and values.  This is if you become ill and find it difficult, or its not possible, for you to make decisions that need care or medical treatment so that all these things can be taken into account.

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An Advance Decision only covers refusals of medical treatment, whereas an Advance Statement can include any information that you feel is important in relation to your health or care which may include your faith, beliefs or values.  This works well alongside your Advance Care Plan.

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Can I have both an Advance Statement and an Advance Decision (Living Will)?

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Yes.  If you’ve made an Advance Decision then it’s a good idea to make an Advance Statement as it helps your healthcare team to get a better understanding of your wishes when they need to make decisions in your best interests. This means that if you’re in a situation that isn’t specified in your Advance Decision, the doctors treating you are more likely to be able to make a decision that reflects what you want.  It also takes what is likely to be a tremendous burden off your next of kin as doctors and caregivers will turn to them to make decisions and choices.  It is highly recommended that an attorney is also appointed.  All healthcare and attorney documents can be stored in an Advance Care Plan.

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It will be best if you have discussed the details and options with your doctor first.  When you feel you have enough information we can look at making the necessary documents and of course you can always refer back to your doctor in the process if needed.

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The Advance Statement will be included with your Living Will/Advance Directive as we believe it is important to include this.  Planning surrounding your Living Will is included in its cost with 55 minutes of consultation included. (subject to the extent of client requirements).

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You will also consider whether you need a Health Power of Attorney.  Do you have someone that you trust to make decisions about things that you have not thought of or prepared for?  It will be very important to do the documents in the right order so that a Power of Attorney cannot override your wishes.  To further strengthen protection and guidance to a Power of Attorney the guidance using Isobel's Conditions will also be considered.  Isobel's story   For example any care or healthcare decisions must be made after consultation and evidence with relevant professionals first.  The same can be said for financial decisions, eg where it may benefit the attorney.

 

A Health Power of Attorney can only be used where there is no capacity to make your own decisions.  Any periods of lucidity or capacity will still allow for you to make your own decisions.  If the situation arises where there is no capacity, you will want the comfort of the knowledge that someone you trust and have already guided in your accompanying documents and discussions is looking after your interests.   Registering your Lasting Power of Attorney can take a long time at a time when it is very much needed.  We will consider registering it ready for when or if it is needed.

Within your planning, you will consider the Right to Stay and Die at Home planning.

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If you are wishing to prepare for the possible event, then it will be a reasonable straight forward process using your Living Will and Advance Statement as you may not yet need to be consulting your healthcare professionals.  We will consider use of the Letter of Wishes which often accompanies a Will which usually includes details such as your funeral arrangements and can overlap a little with the Advance Statement, recording your faith, values and beliefs if you wish.  You may be as brief or detailed as you wish.  This can always be updated with further detail at any time.  We will consider starting the process using an Advance Care Plan so that in line with recommendations, your healthcare documents are stored in one central place.  This will prepare you in the event of forseen or unforseen circumstances.

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If you have been diagnosed with a serious illness you may be wishing to prepare. This will likely involve discussions with all of your carers regarding care and treatment before it can be recorded in documentation.  You will reach agreement as to what can, and maybe cannot, be done.  The Right to Stay and Die at Home plan will also produce a Document of Decisions about what is important to you whether or not you stay at home.  This way you can be sure everything possible has been done to ensure people carry out your wishes.

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You must review and update an Advance Decision / Living Will.  If it gets too out of date the medical profession will not trust that this is still your wish.  If you wish to change the contents it is advisable to write, sign and date a new document, saying it overrides any previous document.  To amend a refusal of life sustaining treatment, you must make the change in front of a witness who must sign and date the document in front of you.  Destroy the old version.  Make sure the whereabouts and existence of it is known and lodge a copy with your GP.

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You can withdraw a Living Will at any time either verbally or in writing.  It is safer to put it in writing and ensure the Living Will is then destroyed.  Tipi Wills can store your (copy) letter amending and also destroy a Living Will for you and recommends you store your correct copy in your Advance Care Plan.  Copies of signed documents can be stored on your digital case file for future reference.  People with copies should also destroy the old version and replace with the new version.

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Of course within both these processes you will need to review or create a Will.  (Remember your attorney is arguably as important as your Will)  We will consider your position in a holistic way.  This will include whether there are minors, people or property you wish to protect and also the consequences 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 and that substitutions are in place to prevent your Will failing.  When you are satisfied you have covered all eventualities, we will prepare your Will and the required accompanying documents.  (Each document includes 55 minutes of free consultation).

Once you have completed this process, put together your documents and had discussions with healthcare professionals, family and friends, it can often be quite emotional as well as a great sense of relief that a burden has been lifted. 

Be in control.  Be Certain

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