Planning for end of life

The Court of Protection (Deputyship)

The Court of Protection can issue orders directing the management of a person’s property and financial affairs/health and welfare if they have been medically assessed as lacking capacity and have not arranged an LPA. The Court will appoint a Deputy who will then be authorised to administer your affairs whether finance and property or health and welfare. The Office of the Public Guardian monitors the work undertaken by the Deputy and an annual report is submitted to ensure that the Deputy has undertaken this administration appropriately and made decisions in the best interest of the incapacitated person.

An ‘advance directive’ allows you to communicate your wishes in respect of future medical treatment, but it is not legally binding. You may instead wish to make a living will, properly known as an ‘advance decision’ setting out treatment that you do not want to receive in specified circumstances, which would legally have to be followed, even if you die as a result. Any proposed gift out of your estate needs careful consideration of the benefits, risks and implications, particularly on any future liability for care costs or tax liability.

If you don’t have your own solicitor, ask family or friends for their recommendations. Contact several firms, explain your situation and ask for an estimate of cost and an idea of timescales involved. Many firms will make home visits if necessary and will adapt their communications to meet your needs. It’s important to find a solicitor who specialises in this area of the law. Citizen’s Advice offers an advice service and will be able to recommend solicitors in your area. See page 53 for contact details.

Although the subject of dying is often painful to contemplate, planning for the end of life can be a good way to share your wishes and help your family to know what you would like. Good planning for all your needs should mean that you can convey your wishes, including where you would like to die if you choose. You may wish to remain in your own home or care home in your last days and not be admitted to hospital.

When choosing a service, you should consider its end of life care philosophy and policies. Enabling people to die in comfort and with dignity is a core part of providing care. The way care professionals approach the process will be incredibly important for you, your family and carers.

The service should have an open approach to end of life care. It should initiate conversation with you and your family and work with your GP to ensure your needs and wishes are discussed and planned for. An end of life care plan should also be drawn up, as it is vital to establish your preferences and choices.

You could use the Preferred Priorities for Care (PPC) document to help with outlining your wishes. The PPC document is designed to help you prepare for the future and gives you an opportunity to think about, talk about and write down your preferences and priorities for care at the end of life. It is also important to know that all health and social care staff must be trained in communication regarding end of life care and will be trained in assessing the needs of individuals and carers. It is worth asking care providers whether they are

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