ACP legal advice for the general public


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Positive forward planning and the legal steps required

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ACP legal advice for the general public

  1. 1. Advance Care Planning - Legal advice for the general public David Borrowman
  2. 2. 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
  3. 3. Must Do (2) Granting Power of Attorney
  4. 4. 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)
  5. 5. Powers of attorney  Regulated by public guardian  Continuing power of attorney  Welfare attorney
  6. 6. Must Do (3) The Will
  7. 7. 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
  8. 8. Must Do (4) Advance Directives
  9. 9. 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
  10. 10. Making an advance statement Mental Health Care and Treatment Act Scotland (2003)
  11. 11. 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