Long term planning Flashcards
Advanced decision
Known as a living will, it allows someone to refuse specified treatments even if they are unable to communicate with Doctors.
The treatments being refused and circumstances under which the AD applies must be clearly set out in the AD.
It allows someone to refuse life sustaining treatment, but cannot be used by someone to ask that their life be ended.
AD can be made by anyone who is aged 18 or over and has mental capacity.
Must be in writing and signed by the individual and by a witness.
It will be legally binding as long as it complies with the Mental capacity act and is valid.
Decision has been made of own accord and not been harassed by anyone.
It will be invalid if the individual does anything after setting up the AD that suggest they have changed their mind.
Can register with hospital and doctors.
Treatments that can be refused for example, antibiotics, cpr, ventilation, blood transfusions.
Health and Welfare LPA
Allows the attorney to make decisions about health and personal welfare once the donor has lost capacity. Attorney can not make decisions prior to this.
Must be set up when donor has capacity.
Decisions would include, where the donor will live and the level of care appropriate.
Attorney can not demand treatment doctors do not believe is necessary.
They can only make decisions about life sustaining treatment if they are permitted to do so by LPA.
If the donor has specific requirements for end of life care then an AD is also required.
Replacment of attorney needs to be named as LPA invalid if attorney is unable to act. They will only be able to act when original attorney can not.
Appointed deputy by court of protection can be lengthy and costly process.
Process of put lpa in place
Choose your attorney(s) - ensure they understand the duties required. Over 18 and have mental capacity.
Fill out the forms required ensuring they read and understand the role of an attorney. Signed by attorney and witnessed.
Register with the Office of public guardian and pay the registration fee.
Amendments to the LPA can be made in writing.
Additional info required re health decisions
Who they want as attorneys and will this be joint or joint and several basis.
If only 1 attorney who will be the replacement attorneys.
Requirement on end of life care/strong views on treatment.
Do they have a preference whether they are cared for a home or in nursing home.
Principle duties and obligations of a trustee
Act in accordance with the trust document and general law.
Act fairly towards beneficiaries.
Take care in making investments.
Obtain professional advice when making investment decisions.
To invest cash as soon as possible unless it is to be used to make a payment out of the trust.
Not to profit from the trust.
To protect trusts assets
To keep accounts.
Declare and account for any tax arising on trusts assets
Act as registered owner of the trust property.
