The highly experienced team at d and h can guide you through the tough decisions about what happens upon your death or if you become seriously ill or incapable of making decisions for yourself. Wills, Power of Attorney and Advance Directives are some of the most important legal documents, and we’ll help get it right for you and your loved ones.
Making a Will
What is a Will?
A Will is one of the most important documents you will ever sign and should be dealt with by a Solicitor. Our team at d and h is very experienced at all aspects of Will preparation and we can guide you in a clear way.
Why is a Will so important?
It is a clear legally binding statement that states what you wish to happen after your death. Making a Will is the only way of ensuring that your wishes are respected by the people you trust. It is crucial to take time, and make sure your Will reflects what you want to happen after your death.
Your Will should include:
- Accurate basic personal information.
- Legal language that declares testamentary intent.
- Your appointed executor(s)
- Your appointed guardian for pets or minor children.
- Your chosen beneficiaries and a note of any specific items you wish to pass (bequeath) to chosen individuals (with certain exceptions)
It is important for you to make a Will regardless of whether you consider you have many possessions or much money. You should always leave a clear and legally binding statement of your wishes.
For your Will to be legally valid, you must:
- Be aged 12 or over.
- Make it voluntarily and be of sound mind.
- Sign it in the presence of a witnesse who is over 16 and not named as executor or beneficiary in the Will.
- Have it signed by your witness
Power of Attorney
What is a Power of Attorney?
Sadly, the future is unpredictable. If you become incapable of making decisions for yourself, or need some help with dealing with financial matters, a Power of Attorney can allow someone to do that for you.
These documents allow you to communicate your wishes ahead of time so that they can be followed if you cannot speak for yourself.
The 3 types of power of attorney:
- Continuing Power of Attorney – gives powers to deal with money and/or property
- Welfare Power of Attorney – gives powers to make decisions around health or personal welfare matters
- Combined Power of Attorney – gives both continuing and welfare powers
When should I make a Power of Attorney?
Powers of Attorney can only be made when you have the capacity to do so. Ensuring that you have a valid Power of Attorney in place means that if it is required, it can take effect immediately. For example,
- If an unexpected medical emergency occurs and you need immediate medical attention but cannot give doctors consent due to being incapacitated, your Attorney will be able to do that for you.
You can also get a Power of Attorney not related to capacity. For example, if you want someone you trust implicitly to act on your behalf while you are away from home on vacation or business travel. A Power of Attorney document can assist with this.
What powers should be included in my Power of Attorney?
When creating your Power of Attorney, consider what will work best for you and the situation you are in. At d and h , we are highly experienced and can guide you through each step in the process.
Our friendly team will help you think about the long- and short-term implications and to consider what happens if your needs change in the future. We’ll help you ensure the right actions are taken the reflect your wishes and your situation.
Advance Directives
What are Advance Directives?
An Advance Directive sets out the type of treatments that are acceptable to you. It provides guidance to the treating consultants and to your family, ensures your wishes are known and provides you with peace of mind.
What can an Advance Directive be used for?
You can use an advance directive to express your wish to refuse any medical treatment, including life-sustaining treatment.
Life-sustaining treatment may include:
- Being put on a ventilator if you are unable to breathe without one;
- CPR being performed if your heart stops;
- Being given food or fluids through a drip, or a tube;
- Antibiotics for a life-threatening infection.
In Scotland, Advance Directives are not legally binding but can make healthcare professionals aware of your wishes at a time when you were able to make those decisions.
At d and h, we will work with you to think about what you would like your wishes to be and help you set them out in a clear and concise way that will have an influential effect on any future medical treatment.
Contact d and h today to discover how we can help.