Wills and lasting power of attorney – COVID prompts difficult conversations
5 October, 2020
The COVID-19 pandemic has forced many of us to have those difficult conversations that we have been putting off. To put it bluntly more people are talking about dying. As the saying goes “failing to plan is planning to fail” and many people are now recognising the need to have an estate plan in place which not only covers their Will on death but also covers the risk of losing mental capacity during life.
Care homes and other medical facilities often record a person’s wishes about resuscitation but many are now asking patients to consider what they would wish to happen if they were suffering from symptoms of Covid-19. What happens if the person does not have the mental capacity to make these decisions?
It has never been more important for there to be a personalised care plan in place backed up with a Lasting Power of Attorney for Health & Welfare so a carefully chosen attorney(s) can assist with decision making in the event the individual is too ill to make their wishes known.
Lasting Powers of Attorney can be created by any individual (but only whilst they have the capacity to do so). By creating the Lasting Power of Attorney, a person gives the attorney legal authority to make decisions on their behalf, the idea being that those involved have discussions about what the individual would want to happen in particular circumstances. The Lasting Power of Attorney document, once properly registered, can be added to your GP and hospital records. At a time of great distress, knowing a loved ones wishes regarding medical or care treatment and having the legal power to implement those wishes can make a shocking situation a little less distressing.
At Storrar Cowdry our office remains open for those clients who wish to meet face to face and to sign their Wills and Lasting Powers of Attorney in the presence of a solicitor. We do of course have social distancing and PPE procedures in place. We are also meeting with many of our clients via technology platforms such as zoom.
For further information about Wills and Lasting Powers of Attorney please contact Gill Knowles on 01244 400567 or email: gillian.knowles@storrarcowdry.co.uk
