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living will or LPA?

living will or LPA?

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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...

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04th Sep 2015 13:24

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.

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06th Sep 2015 20:36

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.

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07th Sep 2015 10:41

thanks john

apparently that isnt what they meant!

 

There used to be something many years ago as a way out of care costs etc.

 

If you didn't pass the mental etc tests (similar to LPA now) then the will kicked in as lifetime gift and emptied the estate according to the will terms. Not waiting for death. Never seen one in action, or even discussed (probably off some course they saw years ago).

 

As i see it this is probably as you say covered off by the LPA bit for health and money terms, two different ones, so a different set of discussions now:)

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