my client has asked whether they should have a normal will, living will, lasting power of attorney and why?
are they all relevant and what are the positives and negatives?
and yes i will be passing this on to a solicitor, i just want more facts before i do...
Replies (3)
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A normal will presumably needs no further explanation.
A living will specifies what healthcare decisions should be taken if the person loses capacity.
An LPA hands the power to take decisions about healthcare and / or money to the appointed attorney, again if the person loses capacity.
Normal will
I have always understood that having a will even if you are leaving everything to the same people who would get it if you died intestate makes the process of administering the estate easier.
Am LPA is there if you lose capacity. Arguably everyone should have one since the alternatives if you do lose capacity are costly, time consuming and complex for your family unless they are very wealthy in their own right and can in effect pay for you until you pass away and your estate repays them.