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Advance Care Planning

At Kitsons we understand that people with life limiting conditions such as advanced cancer, Chronic Obstructive Pulmonary Disease (COPD), heart failure and Motor Neurone Disease, are increasingly being advised by the NHS, Macmillan and hospices, to think ahead and make decisions about how and where, they would like to be cared for, when they are no longer able to communicate for themselves.

We see that the need for advance care planning is becoming ever more pressing and that people increasingly want us to make the connection, between what they are being told by their health care professionals and the impact of their failing health, upon their lives at home and work.

In addition to wills and probate, Kitsons’ Private Client Team have a number of ways in which they can help you to plan ahead, these include:  

Lasting Powers of Attorney (LPA)

There are two types of LPA, one that covers property and financial affairs such as your house, bank accounts, investments, pension and one that covers health and welfare, making decisions about your day to day living, medical treatment and end of life care. Putting in place an LPA is your chance to choose individuals (attorneys) you want and trust to manage your financial affairs and property and to make decisions about your care, in circumstances where you are no longer able to, due to ill health (or alternatively, in the case of your financial affairs because you would prefer not to).

We all know that your circumstances or your health can change very quickly, whatever your age. So we strongly recommend that you plan ahead and put your LPAs in place now, rather than waiting until you need them, so your attorneys can act on your behalf immediately, if that is what you would like. If you do not have LPAs in place, it can be very stressful, time consuming and expensive for your loved ones or friends to seek permission from the Court of Protection, to obtain permission to help you.

Advance Decision to Refuse Treatment (ADRT)

We can help you let your doctors know your wishes about any treatment that you do not want to have and draft your ADRT. This is a legally binding document, but only if it satisfies certain requirements of the Mental Capacity Act 2005.

More than anything, it is important that you talk to professionals such as the Private Client Team at Kitsons, your doctor, your friends and family about your wishes, perhaps they can help you make the decisions you might have difficulty making. We are here to help you ensure you receive the care you want, for yourself and your property and to make certain that your voice is heard, both in life and death.

Please contact Marjorie Creek on 01752 603040 or by email marjorie.creek@kitsons-solicitors.co.uk for further information.

Marjorie is a qualified solicitor and unusually, she is also a very experienced registered nurse. With a BSc in Health Studies and specialist qualifications in care of the dying and palliative care, she has particular expertise in assessing mental capacity and is happy to help people with communication difficulties or complex care needs, in all types of healthcare settings. She primarily focuses on wills, probate, estate planning, elderly client care and lasting powers of attorney and is a Dementia Friend within the firm.