Planning for the future

Helping you make decisions

A lasting power of attorney (LPA) is a legal document. This document lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions (you ‘lack mental capacity’).

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

You don’t need to live in the UK or be a British citizen. There are two types of LPA:

• health and welfare
• property and financial affairs

You can choose to make one type or both.

There is no need to involve solicitors and you can make a lasting power of attorney (LPA) online or by using paper forms.

Future decisions

An Advance Decision allows you to write down any treatments that you don’t want to have in the future. This will support you in case you later become unable to make or communicate decisions for yourself.

It will only be used if you can’t make or communicate a decision for yourself. The legal name is an Advance Decision to Refuse Treatment, and it’s also sometimes called a ‘Living Will’ or an ‘Advance Directive’.

Advance Decisions are legally binding in England and Wales, as long as they meet certain requirements. This means that if a healthcare professional knows you’ve made an Advance Decision, they have to follow it. If they ignore an Advance Decision then they could be taken to court.

There is no set form for making an Advance Decision. Compassion in Dying provides further information on Advance Decisions. They also provide free templates or you can make one online using the My Decisions website.

Your wishes, feelings, beliefs and values

An Advance Statement allows you to record your wishes, feelings, beliefs and values in case you need care or medical treatment later in life.

You can write down anything that’s important to you in relation to your health and wellbeing. For example, you can use it to explain how you’d like to be cared for. Or to detail any values or beliefs that inform the decisions you make. It gives your family, carers, and healthcare team, a clear idea of what you do and do not want.

This document helps the people caring for you to understand your wishes and follow them.

You can find out more on the My Decisions website.

Your will

Your will lets you decide what happens to your money, property and possessions after your death. If you make a will you can also make sure you don’t pay more Inheritance Tax than you need to.

You can write your will yourself, but you should get advice if your will isn’t straightforward. You need to get your will formally witnessed and signed to make it legally valid.

If you want to update your will, you need to make an official alteration (called a ‘codicil’) or make a new will.

If you die without a will, the law says who gets what.

The Government website page ‘Making a will’ is a good source of information.

Steps you should consider

If you make an Advance Statement, Advance Decision or Lasting Power of Attorney, it is important that the people involved in your care know about it. There are things that you can do to make people aware of your wishes:

• Ask your GP to keep photocopies with your medical records.

• Give photocopies to anyone who is regularly involved in your care. This could be a consultant, social worker or your local ambulance service.

• Give photocopies to people you know and trust. If you are admitted into hospital, it is important that anyone contacted knows of your wishes.

• Keep a copy with you, preferably the original so that you can review it on a regular basis.

• You can contact Compassion in Dying to request a Notice of Advance Decision card to keep in your bag or wallet.

• The Office of the Public Guardian has a register of all LPAs. Searching the register can take a long time, so it is important to show anyone involved in your care your registered LPA form.

• MedicAlert makes jewellery for people who need to provide important information in an emergency. There is an annual fee and an extra charge for jewellery. For more information visit the MedicAlert website.

• Order a free ‘bottle’ from Lions Club International to keep a copy of your Advance Statement or Advance Decision in the fridge. Paramedics should know to look for the Lions symbol when entering someone’s house. To order call 0845 833 9502.

There is lots of useful information on our End of Life Care page.