The debate surrounding assisted dying in the UK continues to evolve, with significant developments in recent months. However, there is one certainty that remains - we are all vulnerable to illness and the potential loss of capacity and there are things we can do to make sure our wishes are respected.
Hitting the headlines
The Terminally Ill Adults (End of Life) Bill, introduced by MP Kim Leadbeater, has been back in the headlines recently and it has reignited discussions both in and outside Parliament. One of the proposed amendments include the appointment of an “assisted dying commissioner” and the set up of a dedicated panel, replacing High Court approval, has not only intensified the debate, but also shows the government is serious with pressing ahead on legalising the bill.
However, for us as lawyers, highlighting the ethical and practical complexities of legislating end-of-life choices start during your lifetime and regardless of the legal outcome of assisted dying, it is essential to plan for future healthcare decisions to ensure that our wishes are documented and respected.
The importance of planning well
We are all vulnerable to illness and the potential loss of capacity. While financial planning is widely recognised as a necessity, many people overlook the importance of making arrangements for their health and welfare. The most common reason for this is simply that people don’t like to think about death, never mind planning for it.
But also, another misconception is that any “next of kin” will automatically have the right to make medical decisions on a person’s behalf if they lose capacity. In reality, there is no such thing as “next of kin” in the eyes of the law. Without the appropriate legal documents in place, family members may face significant difficulties in ensuring your wishes are carried out - even if you are married or in a civil partnership.
LPAs are a critical safeguard
A Lasting Power of Attorney (LPA) is possibly one of the most important documents you will ever write because it is the only legal paperwork that allows someone to action your wishes if you are unable to do so.
There are two types of LPA. A Health and Welfare LPA is a legal document that allows a trusted individual nominated by you to make decisions on your behalf about any medical treatment or care you specifically wish to receive if you lose the ability to communicate that yourself. This is different to a Financial LPA, which enables someone to access your bank account or savings to pay bills, mortgage or rent or care home fees. It is an essential safeguard, particularly for those at risk of degenerative conditions like dementia or for anyone who wishes to ensure their medical preferences are upheld in unforeseen circumstances.
Beyond an LPA
It’s really important you have an LPA in place, but there are other things you can do to ensure your wishes are protected, such as:
- Letters of wishes – These are commonly kept with wills or LPAs. They are not legally binding, but can offer further evidence and guidance to attorneys or medical professionals about any specific care preferences or general wishes. Some families find it helpful to have a Letter of Wishes that can guide them as to how to proceed depending on the circumstances.
- Living wills – More formally called “Advanced Directives, Living Wills are documents that are legally binding and allow you to refuse specific medical treatments in advance. This could include decisions regarding life-sustaining treatment, such as resuscitation or artificial nutrition. Downs Solicitors can offer advice on Living Wills, and it can help to talk about this with someone independent from the family, particularly if there are difficult background circumstances.
Planning ahead is a sensible step
Although thinking about ill health and loss of capacity can be uncomfortable, planning ahead ensures that individuals and their families are prepared for the future.
Open discussions with loved ones about future health and welfare choices are also essential. These conversations help ensure that family members are aware of an individual’s preferences and are prepared to act in accordance with their wishes if the need arises.
Future planning is not about dwelling on worst-case scenarios—it is about taking proactive steps to ensure that our voices are heard and our choices are respected, whatever the future may hold.
For more information about drafting a will or LPA, contact Downs Solicitors to see how we can help.
Contact Katie Carter
