Advance decisions are also known as living wills or advanced directives. The rules about Advanced Decisions are set out in the Mental Capacity Act 2005 and they enable you to provide advance instructions that result in a specified treatment not being delivered or continued, so that your instructions can be carried out even when you have lost mental capacity.
A health and care Lasting Power of Attorney usually gives the nominated attorney(s) powers that are broader than instructions covered in an Advance Decision, including decisions about the care you receive, your welfare and where you should live. When you make a Lasting Power of Attorney you can also specify whether your attorney(s) or your doctors make decisions about life sustaining treatment which will usually cover a broader range of issues than an Advanced Decision.
If you make a health and care Lasting Power of Attorney AFTER the Advance Decision which gives your attorney authority to decide, the Lasting Power of Attorney takes precedence. However, if you want both documents, please contact us for legal advice so that we can ensure they achieve what you want them to do.
They can be set up quickly (see below), whereas a Lasting Power of Attorney can take up to two months to register with the Office of the Public Guardian. If someone has a condition that is declining quite quickly an Advance Decision will be more timely.
You may not have a trusted friend or family member that you can appoint as your attorney. An Advanced Decision ensures that you can set out your wishes and professionals can follow them with the reassurance that it is what you want.
Life is full of twists and turns and none of us can be sure what the future holds. That’s why creating a will makes good sense. As more and more people realise the importance of making a will, it’s no longer seen as something just for the elderly or ill but simply part of sound financial planning for any family or individual.
Upon the death of a relative, administering their estate is an important step to undertake. In some circumstances, this is more difficult because there is no will or it is somehow invalid. Moore & Tibbits can guide you through what the right steps are.
Inheritance and tax planning
Making plans for loved ones after you die may be difficult to think about but it is important to ensure your wishes and plans are carried out. Our specialist team can help you think through your plans and their financial impact to ensure that maximum use is made of your inheritance tax “allowance” available on death.
Lasting Power of Attorney
Making a Lasting Power of Attorney is vitally important in ensuring your wishes will be respected should an accident or ill health prevent you from making decisions in the future.
Making a will checklist
To help you prepare to plan ahead
For many people, trusts are a useful way to assist in tax planning and to preserve assets. There are various types of trusts and they can be created during your lifetime or by your will.
What happens if you don’t have a will?
Many people don’t realise that without a will in place, the law decides how their money and possessions are distributed (following the intestacy rules). You lose the right to choose. The result may not be what you would have wanted or may cause future legal problems for those you love.
Will and inheritance disputes
The terms of a Will can cause distress. If there isn’t one, this is difficult too. Moore and Tibbits can advise on any matter where a will or inheritance is in dispute.
Have a question or need some help? Call us today on 01926 491 181
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