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Serious & Terminal Illness Planning

Making your choices and decisions known, was the most important, and mostly 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 may be many other things to think about or you simply wish for life to be as peaceful as possible.

This Planning will include your options surrounding The Right to Die a Home

You will receive a Document of Decisions describing what you have decided and why.  This can help protect your wishes if challenges or questions are raised about your decisions.  This can be kept with your other documents in the Advance Care Plan Plus folder.  The Advance Care Plan Plus is used in my planning to create a great advantage for your protection and planning.

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

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.

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 a 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.

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.

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 Plus.  

I have a great deal of life experience that gives me a deep understanding of the difficulties we can face on a day to day basis.  I will listen and work with you. We will produce the documentation to support your wishes and instructions.  You will have a safe space to discuss, share and consider your choices.

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

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 Plus.

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.

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

Choosing a Health & Welfare 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 avoid making yourself more vulnerable when creating an attorney, we ask you to consider how to strengthen protection.  We use Isobel's ConditionsIsobel's story   For example, you may stipulate any care or healthcare decisions and changes must be made after consultation and evidence provided by relevant professionals to confirm that it is in your best interests.  The same can be said for financial decisions to ensure the attorney is always and only acting in your best interests.

 

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 knowing that someone you chose, because you trust them, has guided information in your accompanying documents and discussions.  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 and instructions for activating it.

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

Preparing for end of life care :  

It is a reasonably straight forward process to create your Living Will and Advance Statement. It is dependent on circumstances and you may need to include consulting your healthcare professionals. 

 

If you are considering your Will, we will consider use of the Letter of Wishes which often accompanies a Will. You may include specific instructions to your executors such as details such as your funeral arrangements recording your faith, values and beliefs if you wish or specific exclusions.  You may be as brief or detailed as you wish.  This can always be updated with further detail at any time.  We advise starting the process using an Advance Care Plan Plus as it a great planning tool and can centralise all your information and instructions.  It's format is in line with recommendations from the National Institute of Aging.  Your healthcare legal documents and wishes and instructions are in one central place that is an easy to see and access physical file that can be kept with you at all times.  Its essential contents are easily visible and accessible by healthcare professionals and loved ones and avoids information being buried in invisible, digital files that healthcare givers do not have the time or passwords to access when providing day to day care.   

Once diagnosed with any illness it can feel like we no longer have control of our own lives.  Preparation is a key element to retaining some control.  This may involve discussions with caregivers regarding care and treatment which can be recorded in documents.  You will reach agreement as to what can, and maybe cannot, be done and record your decisions and 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 and to prevent confusion and challenges.

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.

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.

On each life change it is important 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 gifting, if any beneficiaries are minors or parents, that substitutions are in place to prevent your Will failing, and so on.  After a thorough consultation, we will prepare your Will and the required accompanying documents.  We will support and guide you if there are tasks to be undertaken before you can complete your Will.  (Each document includes 55 minutes of free consultation).

Once you have completed this process, it can often feel quite emotional. Things that matter most to you have been discussed and faced.  A great sense of relief that a burden has been lifted can follow. 

© 2023 by Tipi Wills & Mediation   

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You will receive a Will Storage Card after you have completed your Will and any other documents created with us.  This is business card size so that it can be stored in your purse or wallet.  It is unfortunately common for there to be a Will but no Will can be found.  Please ask if you would like more than one card.

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