Putting your affairs in order

Making a will Back to top

It’s normal to want to think about what will happen to your possessions after your death. It is not morbid. Making a will is a thoughtful and effective way of taking care of the people you love and it can spare them painful decisions, bureaucratic hassles and financial problems which may occur if you don’t make your wishes clear. Sometimes, putting your affairs in order can clear your mind of many little worries, leaving you free to enjoy the present time.

Making a will is not as expensive or difficult as you might think, but it is a legal document and must be properly prepared. It is usually best to use a solicitor who will be able to help with the precise wording to make sure your wishes are clear and that they are carried out exactly as you wish.

Age Concern| produce a factsheet about making a will, aimed at people aged 60 and over. They also produce a factsheet for people in Scotland who want to make a will, as Scottish law differs slightly from English law.

A printed form, Instructions for My Next of Kin and Executors Upon My Death is available from Age Concern. You can use this form to list details and documents which may be needed to register your death, as well as where to find these documents. The form can be downloaded from the Age Concern website.

Your bank details, building society and insurance policies can be listed on the form. It‘s helpful to leave details of where these are kept. There are spaces for details of your accountant, solicitor and tax inspector. If you decide to use one of these forms, make sure that your partner or the executor of your will knows where it is kept.

Financial matters Back to top

A serious and long illness will often put a strain on your finances| , as you may no longer have your wages or other income.

You may be entitled to benefits. Your GP or hospital doctor can fill in a form DS1500 for you which you can send in with any forms to claim benefits. This allows you to claim under special rules, which means that your claim will be fast-tracked and given priority. The claim usually takes about 2–3 weeks to be processed.

The benefits agency has two booklets, IB1 and SD1, which outline the benefits that you may be entitled to. You can get a copy from your local citizens advice bureau| or social security office, where staff will also be able to advise you about the benefits you can claim. Their addresses and telephone numbers are in the phone book. You can also get information from the Benefit Enquiry Line| on 0800 882200 or the Department for Work and Pensions website at www.dwp.gov.uk|

The social worker or benefits advisor at the hospital or hospice can give you advice on where to get financial help.

You may also be able to claim grants and benefits from other organisations or charities. Macmillan Cancer Support gives grants to people with cancer and you can contact their helpline for information on how to claim. They have a booklet called Help With the Cost of Cancer and run a telephone advice service for people with cancer who need financial and benefit advice. Macmillan’s Benefits Helpline number is 0808 801 0304.

A book that gives details of all the trusts and organisations that provide financial support is available from bookshops or local libraries:

• A Guide to Grants for Individuals in Need 2009/2010 . Catriona Chronnell & Sarah Johnston. Directory of Social Change. ISBN 978 1 906294 30 4. Priced £50.00

Bank accounts

Bank accounts are frozen at the time of death and cannot be used, so you may want to consider putting bank accounts into joint names.

Pension schemes

Some private or occupational pension schemes will not pay out any benefits to partners if the owner of the pension scheme was not married. This means that the pension fund is lost. Sometimes people in this situation can transfer their money to a personal arrangement to give them immediate access to their money, or to their partners later.

An Independent Financial Advisor can advise you on how to do this. You can contact a Financial Advisor through the Personal Finance Society| or Independent Financial Advisers Promotions| .

Making choices Back to top

There are important choices that you may need to make in the later stages of your illness. You can decide in advance whether you will have treatment under certain circumstances. You can refuse particular treatments if you wish. For example, you can say that if your condition suddenly gets worse, your breathing stops or your heart stops, you do not want to be brought round (resuscitated). If you’re in hospital, the doctors may discuss this with you.

You can also decide that if you are very ill and have an infection, you do not want to prolong your life by taking antibiotics. You can discuss these things with your relatives and the medical team looking after you.

The Mental Capacity Act (2005) came into force in 2007 and applies to people aged 16 and over in England and Wales. It aims to protect people who cannot make a decision for themselves. This means that a person can plan ahead for a time when they may not be able to make decisions on their own behalf. It makes it clear who can take decisions in which situations, and how they should go about this. There are many parts to this act including parts on Lasting Power of Attorney and Advance Decisions. The Adults with Incapacity Act (2000) relates to people in Scotland.

Lasting Power of Attorney Back to top

A Lasting Power of Attorney is where you put in writing the name of someone you trust to make decisions or manage your financial, legal or health affairs on your behalf in the future if you are no longer able to do so. To make a Lasting Power of Attorney, you need to use special forms. These forms need be registered at the Office of the Public Guardian before they can be used. You have to pay a fee to register the forms.

You can get these forms, as well as more information, from the Public Guardianship Office on 0845 330 2900 or on its website at: www.publicguardian.gov.uk/arrangements/lpa.htm|

In Scotland there are two main types of power of attorney. A welfare power of attorney allows your nominated person to make decisions about your health and welfare in the event of you not being able to make these decisions yourself. A continuing power of attorney allows you to appoint a legally authorised person to look after your property and financial affairs should you become unable to do so yourself.

The power of attorney must be registered with the Scottish Office of the Public Guardian. For more details see their website: www.publicguardian-scotland.gov.uk| or call 01324 678300.

Advance decisions (advance directives) Back to top

An advance decision is a decision to refuse a particular treatment in certain circumstances. In an advance decision you need to say which treatment you want to refuse and the circumstances when you want to refuse it. It’s best if your advance decision is put in writing. Where you want to refuse a treatment which may help keep you alive, the advance decision must be in writing and be signed and witnessed. An advance decision is legally binding.

If possible, it’s good to have an honest and open discussion with your partner, relative or closest friend in advance, so that they know and understand your wishes. Bear in mind that they may see things very differently than you. For example, they may treasure every possible minute of your life, even though you may be in a coma or unable to respond to them. It’s important to discuss your wishes with a medical professional such as your GP or consultant.

In Scotland the term used is advance directive. The law in relation to these varies between England and Wales, Northern Ireland and Scotland. A solicitor will be able to give you more information about this.

Advance decisions and advance directives are sometimes called living wills. A living will is a general term which can refer to an advance decision (advance directive), but can also refer to any general statement expressing you wishes and views.

Age Concern| produces factsheets on Advance Decisions, Advance Statements and Living Wills and Lasting Power of Attorney, which might be helpful to read.

Assisted dying or voluntary euthanasia Back to top

Currently, under UK law, any action that speeds up a person’s death is illegal. Although your doctor and nurses can make sure that you have enough painkillers to keep you comfortable, it is illegal for them to give you more than you need with the intention of ending your life more quickly.