Positive forward planning and the legal steps required

1. Advance Care Planning -
Legal advice for the general
public
David Borrowman

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. Must Do (2)
Granting Power of Attorney

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. Powers of attorney
 Regulated by public guardian
 Continuing power of attorney
 Welfare attorney

6. Must Do (3)
The Will

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. Must Do (4)
Advance Directives

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. Making an advance
statement
Mental Health Care and Treatment Act
Scotland (2003)

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