Aside from the heartbreak and worry that a life-limiting illness diagnosis can bring, there will be a slew of concerns and uncertainties about your care and financial affairs, and it can be difficult to know exactly how to prepare legally.
Health and welfare lasting power of attorney
You can make a Lasting Power of Attorney for your Health and Welfare decisions alongside or separately from a Lasting Power of Attorney for your Property and Financial Affairs.
It is not necessary to appoint the same attorneys for both types of Lasting Power of Attorney. What is more important is that you are confident in your chosen attorneys’ ability to make difficult decisions on your behalf. When considering their suitability, keep in mind your relationship with them as well as the nature of your condition.
Once you’ve chosen a suitable attorney or attorneys, keep in mind that they will have the authority to make decisions about your care and personal welfare. They will only gain these powers when you are no longer able to make decisions for yourself.
While any decisions they make should, in the end, be in your best interests, they should also take into account any specific requests you have made. As a result, it is critical that you communicate openly with your attorneys about the types of decisions you want them to consider in various situations that may arise while you have capacity.
Many people prefer to record their wishes by including creating an Advance Directive outlining their preferences for receiving treatment along with including wishes and instructions within the LPA itself for day to day care wishes.
Will considerations
Naturally, making plans for the rest of your life will be your top priority, but the diagnosis of a life-limiting illness may also prompt you to consider your Will and any death-related wishes.
If you haven’t already done so, you should consider who you want to benefit from your estate after you die. If you already have a Will, you should review it to ensure that it still reflects your wishes. If you are unsure whether your current Will is still appropriate, you should seek legal advice to either ensure that you are completely satisfied with the terms or to prepare a new Will to reflect your current wishes.
If you are unsure how to legally prepare yourself after being diagnosed with a life-limiting illness, our team can advise you on all aspects of your legal planning.
