What if I am unable to manage my affairs?

Growing older can mean problems for us and our loved ones.

• Loss of mobility or illness can make it difficult to manage your affairs.
• The prospect of unpaid bills can cause unnecessary stress and anxiety and delay someone’s recovery.
• Even the young can encounter problems due to accident or illness.
• An elderly relative losing capacity is difficult enough for loved ones to deal with, without the added worry that finances are becoming muddled.

In Detail

What If I Am Unable To Manage My Affairs?

There may come a time in your life when you are unable to manage your financial affairs or personal welfare, owing to some form of incapacity and you will need someone to act on your behalf.

Even when we are young, we can find ourselves incapacitated owing to illness or injury and it can be invaluable having a reliable person, who is able to manage your personal affairs and remove the anxiety of having unpaid bills, at a time when you most need peace of mind. Similarly as we get older, the need for an attorney increases as we are more prone to illness and injuries.

By creating an Attorney in advance, ensures that if the worst were to happen, you can rest assured that both your financial affairs and personal welfare are in safe hands.

So Who Do I Choose?

You can appoint a friend, relative, or a professional as your Attorney. This allows them to act on your behalf. It is important that you choose who you would like to act on your behalf very carefully. You should choose people you can trust to act in your best interests, giving consideration to how they manage their own affairs. It is always a good idea to appoint more than one Attorney to ensure that this power is not abused.

The Different Types of Powers of Attorney

You may have heard of an Enduring Power of Attorney (EPA) and be aware that this was replaced in England in October 2007. (EPAs set up prior to 1st October 2007 remain valid, however, it should be noted that if the Donor is believed to be becoming, or is mentally incapable of managing their affairs then the Attorney(s) have a duty to register the EPA with the Court of Protection). It cannot be simply assumed that the Donor has lost mental capacity and Attorneys must follow the principles of The Mental Capacity Act 2005. Copies of the Code can be obtained from Her Majesty’s Stationary Office.

If you hold an Enduring Power of Attorney and still have mental capacity and are able to make decisions for yourself (ie.the EPA is unregistered) you can make a Personal Welfare LPA to run in conjunction with the EPA.

What will replace Enduring Powers of Attorney?

These will be replaced with three different documents:

• A Lasting Power of Attorney (LPA) for Property and Affairs
• A Lasting Power of Attorney (LPA) for Personal Welfare
• A General Power of Attorney – Please note these Powers are only applicable to England and Wales.

LPA for Property and Affairs

A Lasting Power of Attorney for Property and Affairs authorises the Attorney(s) to make decisions about the Donor’s property and affairs. The Powers extend to all matters concerning the Donor’s property and affairs: this could include buying property in the Donor’s name, selling property belonging to the Donor, (including the Donor’s home), managing their investments, continue to run their business and make decisions about the Donor’s healthcare and payment for this care. You can place legally binding restrictions and conditions on your Attorney(s) powers and the scope of authority they have within the LPA, however these decisions may still need to be made for you which may then involve going to the Court of Protection and the decision being made which is in your best interests.

LPA for Welfare

A Lasting Power of Attorney for Welfare covers decisions about a Donor’s personal welfare which can include where they live, how they are cared for and what healthcare they receive, for example the decision to send the Donor to a nursing home. The payment of the nursing home could not however be made on just the lasting Power of Welfare (which would cover the decision to place the Donor in a home), but in conjunction with a Lasting Power of Property and Affairs (which would cover the decision to pay for the care).

Attorneys of a personal welfare (LPA) can only use this power if the LPA has been registered and the Donor cannot make the decision themselves.

An Advance Directive or Living Will can be overridden by a subsequent Welfare LPA if it expressly extends to lifesaving treatment. This also means that a Welfare LPA can be overridden by a valid and applicable Advance Directive (Living Will) made after the Welfare LPA, if the LPA does not contain decisions regarding treatment. The Welfare PA form joins both the welfare and medical decisions and so the Donor may wish to separate them or exclude one power over the other.

An LPA must contain a certificate completed by an independent person to confirm that the Donor understands the power and importance of the LPA and is not creating the power under duress. Anyone the donor specifies can be notified of the registration of the LPA (up to 5 people), however if there is no one to notify then the Donor must have a second Certificate provider.

It should be noted that Lasting Powers of Attorney have no legal standing until registered with the Public Guardian’s Office. They can be registered at any time ie: before the Donor loses mental capacity or when the Attorney believes this to have happened. Once registered they must be used in accordance with the stated conditions, this may include a restriction preventing it’s use until the Donor lacks mental capacity in this matter.

After registration, the Donor can continue to make decisions providing they still have the mental capacity to do so.

Revoking or Cancelling the Power

The Donor can revoke or cancel the LPA (providing they have the mental capacity to do so) if a spouse or civil partner is the Attorney, or Donor, dissolution or annulment of the relationship will automatically revoke the power.

An LPA for Property and Affairs is revoked if the Attorney(s) or the Donor are declared bankrupt however, an LPA for Welfare is not terminated by bankruptcy.

General Power of Attorney

A General Power of Attorney allows the Attorney to make decisions and act in any matters relating to the Donor’s property and affairs (with the exceptions of making a Will, making gifts or performing in the Donor’s role as a Personal Representative (administrator) or Trustee.) It is important to note that the Donor remains liable for the actions of the Attorney and as such you should only appoint an Attorney who you implicitly trust.

A General Power of Attorney (GPA) is effective immediately and will remain in force until it is either cancelled by the Donor (the person on whose behalf the Attorney is acting) or, should the Donor become mentally incapable, then the General Power is automatically revoked. The General Power would also be revoked by the death or bankruptcy of either the Donor or the Attorney.

Unlike a Lasting Power of Attorney, with a GPA there is no scope for restricting the Attorney’s powers. A General Power of Attorney can be revoked at any time by either writing cancelled across the document or simply tearing it up.

What is an Advance Directive or Living Will?

Don’t leave your choice of medical treatment to chance.

Without an Advanced Directive you may not be able to convey your wishes to hospital staff verbally and so, any medical treatment you receive will be decided upon by the medical profession.

Your friends and relatives may not be fully aware of your wishes. Only an Advanced Directive / Living Will is legally binding.

In Detail

What is an Advance Directive or Living Will?

When you are ill, you can usually discuss treatment options with your Doctor and then jointly, reach a decision about your future care. However you may be admitted to hospital when unconscious or become unable on a temporary or permanent basis, to make your own decisions about your treatment or communicate your wishes. This may happen for example, if you have a car accident, a stroke, or develop dementia.

To use the technical term – you would ‘lack mental capacity’ to make an informed decision and /or communicate your wishes. In such situations, doctors have a legal and ethical obligation to act in your best interests. One exception to this is if you have made an advance decision refusing treatment. If this decision is valid and applicable to the circumstances, medical professionals providing your care are bound to follow it.

The term ‘living will’ could be used to refer to an advance decision / directive or an advance statement. An advance decision is a decision to refuse treatment; an advance statement is any other decision about how you would like to be treated. Only an advance decision is legally binding, but an advance decision should be taken into account when deciding what is in your best interests.

You may wish to make an advance decision if you have strong feelings about a particular situation that could arise in the future. This might relate to having a limb amputated following an accident or having a blood transfusion. More commonly, you may have been told that you have a terminal illness or form of dementia. You may wish to prepare an advance decision indicating the type of treatment you would not want to receive in the future.

Making an advance decision may give you peace of mind in knowing that your wishes should not be ignored if you are unable to take part in the decision making process at the relevant time.

Advance decisions made before 1st October 2007

The part of the Mental Capacity Act 2005 relating to advance decisions came into force on 1st October 2007. An advance decision made before that date can still be valid if it meets the requirements set out in the Act. If you made an advance decision refusing life-sustaining treatment before 1st October 2007, you should review it to make sure it meets the requirements of the Act.

What is an advance decision to refuse treatment?

An advance decision to refuse treatment is the only type of living will that is legally binding. An adult with mental capacity can refuse treatment for any reason, even if this might lead to their death. However, no one is able to insist that a particular medical treatment is given, if it conflicts with what the medical professionals providing the treatment conclude is in the patient’s best interests. This is why an advance decision can only be a refusal of treatment.

An advance decision to refuse treatment must indicate exactly what type of treatment you wish to refuse and should give as much detail as necessary about the circumstances under which this refusal would apply. It is not necessary to use precise medical terms, as long as it is clear what treatment is to be refused in what circumstances. An advance decision can only be made by someone over age 18 who has the mental capacity to make the decision. This means they must be able to understand, weigh up and retain the relevant information in order to make the decision to refuse treatment and they are then able to communicate that decision.

An advance decision cannot be used to:

• Ask for anything that is illegal such as euthanasia or for help to commit suicide.
• Demand care that your healthcare team consider inappropriate in your case.
• Refuse the offer of food and drink by mouth.
• Refuse the use of measures solely designed to maintain your comfort such as providing appropriate pain relief, warmth or shelter.
• Refuse basic nursing care that is essential to keep you comfortable such as washing, bathing and mouth care.

Advance Decisions and Lasting Powers of Attorney

Alternatively, you could consider creating a Lasting Power of Attorney, which would allow you to choose who should make decisions about your treatment if you are not able to do so yourself. There is a section in the personal welfare LPA document where you can specify if you want your attorney(s) to have the power to make decisions about life-sustaining treatment.

If you have made an advance decision refusing treatment this will become invalid if you later create an LPA giving someone else the power to refuse medical treatment on your behalf, when you no longer have capacity to make that decision yourself.

If you make an advance decision after creating an LPA, this will overrule the LPA. Your attorney cannot make a decision about treatment which you have made an advance decision to refuse, as long as the advance decision was made after you signed the LPA.

Who to consult about an advance decision

It is always advisable to discuss your intentions with a medical professional such as your GP and your family and friends. If you have a terminal illness, you may wish to speak to the doctor involved in your care. He / she can help you understand the consequences of refusing or opting for a particular treatment and relate specific decisions to the likely course of your illness. This doctor can also help you express your wishes clearly and verify you were competent at the time you prepared and signed the document.

Reviewing your advance decision

It is important for the people providing your treatment to feel confident that you have not changed your mind since your advance decision was made. If new or improved medical treatments become available, or your personal circumstances have changed, its validity may be questioned if you signed it many years ago. You will also want to check it on a regular basis to be sure it continues to reflect your views.

How to cancel an advance decision

You can cancel an advance decision at any time while you still have capacity to do so. The cancellation does not have to be in writing; a verbal statement cancelling the decision should be respected. To avoid the risk that the relevant people do not know you have cancelled your decision, it is advisable to put the cancellation in writing if possible and to inform everyone who was aware of the decision’s existence. You should destroy the original document, or mark on it that it has been withdrawn.

Why should I consider a pre-paid funeral plan?

In Detai

Stating your funeral wishes in your Will is not legally binding. Only a Funeral Plan will guarantee that your wishes are carried out. Monies put aside for your funeral may not be used for this, or there may not be enough. Friends and family may not know what you would want. The price of a Funeral Plan is in line with the cost of a funeral today and so represents real value for money.

Why should I consider a pre-paid Funeral Plan?

Not an easy decision to make, simply because it is not always easy to think about planning your own funeral. A lot of people avoid facing this issue but there are many reasons why a pre-paid funeral plan could be right for you.

Here are some basic facts which may help you to make up your mind:

• Savings in a Bank or Building Society or Insurance is just a sum of money. Your executors are NOT obliged to spend it on your funeral and there may not be enough,
• Your money is safe. It is held with the Funeral Planning Trust with HSBC Trust Company (UK) Limited as custodian Trustee
• The price of a Funeral Plan is in line with the cost of a funeral purchased today. Funeral costs, like everything else, will almost certainly continue to rise in the future
• Stating your Funeral wishes in your Will is NOT binding upon your Executors.
• Often, people just do not know what their deceased relative or friend wanted.
• You can choose a Funeral to suit your requirements across a range of prices.
• A Funeral Plan GUARANTEES that your wishes will be carried out and that the Funeral Director’s services will be paid for at no extra cost to your family
• You will receive a certificate which confirms the funeral you have chosen. It also specifies, if you wish, personal details such as religious requirements, gifts to charities in lieu of flowers, music etc.
• At a time of sadness, you will have relieved your family of financial and emotional burdens.
• You will also receive a booklet which tells your family or executors all they need to know at the time of your funeral.
• Those you leave behind will remember your thoughtfulness

Which Plan is right for You?

You can choose a funeral to suit your requirements across a range of prices or, you can pay by installments if you prefer. Select a plan from the plan descriptions. We are happy to quote for alternative or extra services.

When you have paid for the Plan, a guarantee is issued confirming that the services of the Funeral Director will be provided as specified, when they are required. There will never be more to pay for these services.

Included in the price of the Plans are contributions for other necessary expenses or “disbursements” such as cemetery or cremation fees and Clergy fees if applicable. These amounts are based upon national averages and are increased regularly in line with inflation. So most, if not all of the costs will be covered however, they are outside of the control of Funeral Planning Services limited and cannot be guaranteed. Although the amounts covered are based upon cremation costs, they can be put towards a burial instead. If you wish to include a larger amount, simply add the extra cost to the price of the Plan. (NOTE - if you require burial, the cost of the grave plot is NOT included in the Plan price.)

Choose the Plan which suits you best

The Economical

• A simple Funeral providing basic requirements:
• Guidance on registration of death and advice on social and religious matters
• Collection of the deceased within10 miles* of the Funeral Director during normal office hours
• Care of the deceased. There are no facilities for viewing in this plan.
• A plain coffin.
• The Funeral Director will make all the necessary arrangements, liaise with the minister and others involved and attend to the necessary administration.
• The supply of the hearse with a Funeral director and staff to meet the family at the local crematorium or cemetery. There is no procession in this plan.
• A contribution towards other expenses or “disbursements” such as cemetery or crematorium fees and a ministers fee. The Traditional
• This Plan provides what most people expect from a Funeral It provides all the facilities the Economical Funeral in addition, will provide:
• Collection of deceased within 50 miles* of the Funeral director, any time, day or night
• Care of the deceased in accordance with the wishes of the family and facilities for viewing at the Funeral Director’s Chapel of Rest
• A veneered coffin with traditional fittings, gown and interior lining.
• A limousine to follow the hearse and a Funeral director and full compliment of uniformed staff.
• A procession can leave from a private address prior to a Funeral service at a local place of worship, followed by a committal service at a local crematorium or cemetery.
• A listing of flowers and (see notes above) charitable donations received.
• An extremely high quality Funeral including a superior coffin and two limousines. This Plan combines all the facilities of the Traditional Funeral but, in addition will provide:
• Collection of the deceased. from anywhere in the United Kingdom*, any time, day or night
• A superior quality coffin
• Two limousines to follow the hearse
• A newspaper notice
• Excludes any ferry and or toll charges.

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