Odds & Ends

What do you really want to leave to your nearest and dearest ?

will

Your estate, assets, house, goods and chattels, shared out according to their need or your affection for the family and friends ?
Or a hideous and ghastly mess, which would make the Gordian Knot look like a picnic ?
You will know that you should make a will, and you will probably realise that making a will with the help of a solicitor would be the best and simplest solution. But what if you become helpless before you die as a result of illness or accident ? If you don’t arrange Enduring Power of Attorney you can be making your family’s life a misery. If you have a stroke or a car accident which leaves you unable to deal with your own affairs, someone else will have to do it for you. First of all, someone will have to accept the responsibility, which is very onerous. That person will have to apply to the Court of Protection for powers to pay your bills, sort out your pensions and tax affairs and insurances. All sorts of documentation is required by the Court of Protection, all sorts of identification and proof of the disability of the person who is now incapable, including doctors’ certificates. This can take months. When the Powers are granted, the Court keeps very tight control over the Deputy or Deputies, especially if the person’s house has to be sold to pay nursing home fees.
You can, of course expect your family just to put the whole matter in the hands of a solicitor, but this can be terribly expensive. Just do an Internet search for the Court of Protection and read their guidance (or go to the Citizen’s Advice Bureau if you haven’t got Internet access) and for heaven’s sake make provision in advance for what might happen. Even make a living will, if you have fixed ideas about the treatment you want or don’t want.
You don’t have to sign away all your goods immediately – you can make the Power of Attorney come into force only if doctors declare you incapable, you can give powers only over part of your affairs and income, you can make the powers last only for a stated time.
But PLEASE. PLEASE do this, or you could be leaving to your dear ones – not your estate, but a mess beyond their worst nightmares.

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