In this article we will be looking into the importance of end-of-life planning and capacity related decisions. We understand that this is a difficult topic to discuss and think about, but a topic that may bring you peace of mind in addressing early to prevent any unwanted decisions being carried out in the future.
We will outline how you can prepare both legally and practically for the future, ensuring that your wishes are known with regard to your care, treatment and values as well as protecting your assets, and ensuring that decisions are made in your best interest, if you are no longer able to make these decisions for yourself.
What is end of life planning and why is it important?
End of life planning are steps that can be taken to ensure that your personal wishes with regard to care and medical treatment are clear and known to others. It sets out guidance for your family, friends and medical team to ensure that the care being provided, aligns with your personal wishes. There are many ways that your wishes can be recorded and set out.
The first being a Do Not Attempt Cardiopulmonary Resuscitation Form (DNACPR) which is not legally binding. This is a form that is completed and provided to your doctor if you do not wish to be resuscitated and go through CPR. This stops any intrusive or distressing interventions when CPR offers no real benefit to the patient either due to illness, or end of life.
Another document that can be created is an Advanced Decision also known as a Living Will and is legally binding. This is a document that allows your healthcare team and family to know exactly what your wishes are about refusing medical treatment if you are unable to communicate the decisions yourself. You may want to refuse medical treatment or not in some situations, but not others. In this document, you will be able to set out and be clear about all the circumstances in which you want to refuse medical treatment. You can make this document now whilst you are able to communicate, to ensure that if in the future you were unable to communicate your wishes, the Advanced Decision would be able to confirm your wishes. It is important for health professionals and family members to know what your true wishes are.
There is a difference between legally binding and non-legally bindings documents. A legally binding document is legally enforceable meaning, if the instructions within the document are not carried out, then parties can face legal consequences of they did not comply with the document. Non-legally binding documents are prepared for a record of intent and confirms what you wish to happen, but it doesn’t have to be legally enforced, and parties would not face any legal proceedings, if they failed to comply.
It is important that the appropriate documents are prepared to accurately reflect your thoughts and wishes at a time where you would not be able to communicate this. Communication is key between family members and health professionals to ensure that all the correct steps and wishes are being carried out and reflected.
Planning for loss of mental capacity
It is important that the correct documents are put in place before mental capacity is lost. If you were to lose capacity without the appropriate documents in place, you would not be able to make decisions with regard to your wishes and treatment or prepare documents that would assist in the situation. This may mean that decisions are made that you would not have ordinarily agreed on or wanted, if you had the capacity to do so.
You must have mental capacity at the time of creating legal documents. It is important to be pro-active with making the documents to ensure your wishes are carried out, and your family have reassurance.
A good tool to assist in planning for loss of mental capacity is to prepare Lasting Powers of Attorney which consists of two documents. Firstly, there is Lasting Powers of Attorney for Property and Financial Affairs which would authorise your selected individuals (Attorneys) to manage and assist you with your financial affairs in the event you have lost capacity but also in the event you have capacity. The second is a Lasting Power of Attorney for Health and Welfare and this allows your Attorneys to make decisions with regard to your wellbeing and health only in the event that you have lost mental capacity. Within this document, you are able to confirm if you want or do not want your Attorneys to have authority to refuse or consent to life sustaining treatment.
It is imperative that you appoint trustworthy Attorneys to act in your best interests at all times. Please see my previous article on “The Difference Between Lasting and Enduring Powers of Attorney” for further information.
What should be included in an end of life plan?
An end of life plan should include financial and health preferences to ensure your wishes are respected, fulfilled and followed. This can include preparing Lasting Powers of Attorney for both Property and Financial Affairs and Health and Welfare, a Will and an Advanced Decision.
Lasting Powers of Attorney are legal documents and would be able to assist with confirming who is legally appointed to make either financial or health decisions on your behalf in the event you have lost capacity or are at the of life. Your Attorneys would be able to arrange and decide your care arrangements whilst you are alive as well as ensuring all of your finances are accessible and ongoing. The Lasting Power of Attorney for Health and Welfare would enable your Attorneys to confirm your medical treatment preferences and ensure these are carried out. Your Attorneys would be able to ensure your financial and health decisions are honoured if you are unable to do this yourself.
A Will is also a legal document that sets out your wishes with regard to what will happen to your property, money and possessions after you pass away. It is also used to confirm your funeral wishes and appoint Guardians to care for your children, if you have any children under the age of 18 at the date of your death.
An Advanced Decision is again legally binding and sets out what your wishes are with regard to refusing treatment if you are unable to communicate these decisions yourself. This offers a clear guidance to your loved ones and medical team on what you would want to happen with regard to specific events.
These documents will allow you to confirm your medical treatment preferences, preferred place of death or ongoing care arrangements whilst you are alive. They would also be able to legally confirm who you wish to carry out these decisions on your behalf, rather than someone else who you do not know making these decisions.
At Goughs, we can ensure that these elements are recorded correctly and that the plan is legally valid, where necessary. It is important that documents are always reviewed especially if personal circumstances change to ensure that they are up to date and accurately reflect your wishes.
When should you start end of life planning?
End of life planning is not just for the elderly or those with a terminal diagnosis, it should and can be done by any individual who wishes to take control of their future.
It is recommended for anyone over the age of 18 to start their end of life planning to ensure that your wishes are known and documented. This will also allow you time to consider the options available to you and have appropriate discussions with family members or healthcare professionals.
End of life planning can also commence whilst you are of good health and sound mind rather than leaving it too late and running the risk of complications and the incorrect wishes being carried out. The earlier the process begins, the more likely it is that your wishes and legacy will be followed making it easier for your loved ones.
Peace of mind through planning ahead
It is imperative that thoughtful planning is actioned today to make an enormous difference to the future, for yourself and for the loved ones around you. End of life planning is about dignity, autonomy, and reassurance, not fear.
If you would like to create an end-of-life plan or set up Lasting Powers of Attorney, our experienced team at Goughs is here to guide you. Please do get in touch today to speak with a friendly and knowledgeable lawyer who can offer you assistance with your end of life planning and help you prepare with confidence.
