I am dying – what can I do to make things easier for others when I go?
I have been diagnosed with terminal cancer, and am not expected to last more than a year.
What can I do to keep myself occupied and make life easier for those who are left behind?
Legal Answer:
I assume that you have the standard legal precautions in place:
- Up to date and correctly signed Last Will and testament or a full advice Will if you are not confident online or need advice.
- Lasting Power of Attorney Property & Financial Affairs
- Lasting Power of Attorney Health and Welfare
- Prepaid Funeral Plan.
As far as the Lasting Powers of Attorney are concerned, the Mental Capacity Act provides little help for people in your situation: there is no fast track method of creating Lasting Powers of Attorney as ensured by the largely pointless bureaucracy the Mental Capacity Act brought in. So it will take the best part of three months to get Lasting Powers of Attorney in place, assuming you cross all the “t’s” and dot all the “i’s'” perfectly. If you don’t or if you want the registration fees reduced because you income is low, it will probably take longer. And then you will be at the mercy of the Court of Protection and emergency Court Orders or Deputyship.
But that all is only an issue if you lose the ability to make your own decisions, so let’s hope that doesn’t happen.
There are two other documents which may be of benefit:
- Medical Directives (also known as Advance Directives or Living Wills) which can be used to enforce your medical wishes.
- General Power of Attorney: these can give authority to others to make most types of financial arrangement on your behalf but they “attorney/ies” would be acting illegally of they continued to use
However, Lasting Powers of Attorney are by far the safer option, if you have time.
You and your family may also find the Dying Matters website of use.
To ask a legal question free, click the link.