Advance Care Planning -Legal advice for the general public

David Borrowman

Four Must do’s (1)

First and foremost - find out the cost and check if legal aid is available Make a will Consider granting power of attorney Think about an Advance directive

Must Do (2)

Granting Power of Attorney

On your incapacity

Having power of attorney is GOOD Your attorney can step in

to help Your attorney is someone

you can trust All matters can be dealt

with quickly There are no unnecessary

costs Money, legal matters and

care issues can all be addressed

Having no power of attorney is BAD Nobody can deal with

your affairs Court action is needed to

appoint a guardian which can take a long time

The guardian may not be who you want

Local authority officials may make decisions not family

A lot of money is spent unnecessarily (£4,000+ to get guardian appointed)

Powers of attorney

Regulated by public guardian

Continuing power of attorney

Welfare attorney

Must Do (3)

The Will

On death

Having a will is GOOD You say who gets your

property You say who attends to

affairs on your death It’s quicker and cheaper to

wind up your affairs No family arguments Some people save tax

Having no will is BAD The state decides who gets

your property You don’t know who will

wind up affairs It’s more expensive and

takes longer to wind up your affairs

Someone you don’t want may inherit

There is no chance of saving tax

Must Do (4)

Advance Directives

In the last stages of life

Having an advance directive is GOOD

Family and health care team know your wishes

You remove the burden from family

Reduces family arguments at a difficult time

Appropriate care plan can be prepared for you

Supports the maintenance of your dignity

Having no advance directive is BAD

You pass the burden of decisions to others

Can cause challenging family issues

You may receive care contrary to your wishes

No one knows your wishes

Making an advance statement

Mental Health Care and Treatment Act Scotland (2003)

In summary

Planning ahead is desirable It is relatively cheap and can be free Consider power of attorney Make a will If appropriate have an advance directive Can result in a sense of wellbeing

Thank you for listening