Wills, Power of Attorney & Advance Directives

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 guaranteeing 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 upon 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 bequeath (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 witnesses who is over 16 and not related to the matter.
• Have it signed by your witness

Power of Attorney

What is a power of attorney?

Sadly, the future is unpredictable, in the event that you become incapable of making decisions for yourself, or unable to get out and about as much as you would like, 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:

1. Continuing Power of Attorney – gives powers to deal with money and/or property
2. Welfare Power of Attorney – gives powers to make decisions around health or personal welfare matters
3. Combined Power of Attorney – gives both continuing and welfare powers

When should I make a power of attorney?

Powers of attorney can be made at any time, however, there are times in your life when it would be more beneficial to have one in place.

• If an unexpected medical emergency occurs and you need immediate medical attention but cannot give doctors consent due to being incapacitated;
• If you want someone you trust implicitly (other than family members) to act on your behalf while you are away from home on vacation or business travel;

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 Law, 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 followed and provides you with peace of mind.

What can an Advance Directive be used for?

You can use an advance directive 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 some cases, wills, power of attorney and advance directives have overlapping actions. At d and h, we will work with you to select the documents that will work best in your situation.

Contact d and h today to discover how we can help.