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ACP legal advice for the general public

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Positive forward planning and the legal steps required

Positive forward planning and the legal steps required

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    ACP legal advice for the general public ACP legal advice for the general public Presentation Transcript

    • 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 ad a desperate time
      • Appropriate care plan can be prepared for you
      • You can be spared loss of dignity
      • Having no advance directive is BAD
      • You pass the burden of decisions to others
      • Can cause major family guilt and trauma
      • 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