Adviser going through documents with an older couple at a table

Thinking about the future can sometimes feel daunting, particularly when considering the possibility of dementia or losing the ability to make decisions for yourself. However, taking a few simple steps now can provide peace of mind and make things much easier for those you love.

Getting your affairs in order simply means making sure the right legal documents and practical arrangements are in place, so that the people you trust can step in if you are unable to make decisions for yourself, and so that your wishes are clear after your death. It is not only something to think about in later life. An accident or sudden illness can happen at any age, so these steps are worth considering whatever stage of life you are at.

Put Lasting Powers of Attorney in Place

One of the most important steps you can take is to put Lasting Powers of Attorney in place while you still have the capacity to do so. This will allow you to appoint family, friends or even professionals that you trust implicitly to make decisions on your behalf either with your consent whilst you have capacity (for financial and property decisions only) or when you have lost capacity.

There are two types: a property and financial affairs Lasting Power of Attorney, which covers matters such as your bank accounts, bills and property, and a health and welfare Lasting Power of Attorney, which covers decisions about your care and medical treatment.

Once signed, a Lasting Power of Attorney has to be registered with the Office of the Public Guardian before it can be used. This is currently taking around two to three months, so it is far better to put one in place well before it might be needed.

A diagnosis of dementia does not necessarily mean it is too late. What matters is whether you are able to understand the document at the time you make it and the consequences of putting it in place. As part of the process, an independent person, known as a certificate provider, confirms that you understand what you are signing and that no one is pressuring you into it.

Planning ahead can help you retain control over your future and avoid a more complicated and costly legal process later.

Keep Your Will Up to Date

Your circumstances can change over the years. Family relationships, financial circumstances and your choice of executors may all be different from when your Will was first written.

Reviewing your Will regularly helps ensure it continues to reflect your wishes. We would usually suggest reviewing your Will every three to five years, or sooner if something significant changes, such as:

  • Getting married or entering a civil partnership, which will usually cancel any existing Will

  • Separating or divorcing

  • The birth of a child or grandchild

  • The death of an executor or beneficiary
  • Buying or selling property

It can also provide an opportunity to consider whether trusts or other arrangements may be appropriate, particularly if you have more complex circumstances or vulnerable beneficiaries.

Changes in the law can also be a good reason to take another look. For example, from April 2027 most unused pension funds and death benefits will be included in the value of your estate for Inheritance Tax purposes, which may affect how your Will is best structured.

Alternatively, if you do not have a Will in place, then getting this sorted to ensure your wishes are followed is important. Without a Will, the law sets out who inherits, and this may not be what you would want and could lead to adverse tax consequences. For example, an unmarried partner has no automatic right to inherit and, if you are married, depending on the value of your estate on death and whether you have children, not everything may pass to a surviving spouse.

Get Your Financial Affairs Organised

Having important financial information in one place can be invaluable if someone needs to help manage your affairs.

Consider keeping an up-to-date record of your:

  • Bank and savings accounts

  • Pensions

  • Investments

  • Insurance policies
  • Property

  • Professional advisers
  • Important online accounts

It is also helpful to note where your original Will and any Lasting Powers of Attorney are kept.

It doesn’t need to be complicated. A well-organised file can save your family considerable time and worry at what may already be a difficult time.

This will also become helpful for your executors when coming to administer your estate.

It is also worth checking that the nomination forms for any pensions are up to date. Pensions are often dealt with separately from your Will, so these forms help the pension provider understand who you would like to benefit.

Talk to Your Family About Your Wishes

Legal documents are only part of the picture. Talking openly with those close to you about your wishes can be just as important.

You may want to discuss where you would like to live if your needs change, the type of care or support you would prefer, what matters most to your quality of life and who you would like involved in important decisions.

If there are particular medical treatments you would not want to receive, you can record this in a document called an advance decision, which is legally binding if certain requirements are met. You may also wish to write down your wider wishes and preferences about your care in an advance statement. Although this is not legally binding, it must be considered by those making decisions on your behalf.

It can also help to let your family and executors know any wishes you have for your funeral. Funeral wishes in a Will are not legally binding, and a Will is not always read until after the funeral has taken place, so it is worth sharing them separately as well.

These conversations may not always be easy, but having them early can give everyone greater clarity and reassurance in the future.

Planning Today Can Provide Peace of Mind Tomorrow

None of us can know exactly what the future holds. But taking practical steps now can help ensure that your wishes are understood, your affairs are organised and the people you trust are able to support you if circumstances change.

At Franklins Solicitors LLP, we understand that these conversations can feel difficult. Our Wills, Trusts and Estate Planning team in Northampton and Milton Keynes is here to provide clear, practical and compassionate advice to help you and your family plan for the future. If you would like to talk any of this through, please do give us a call.

Frequently Asked Questions

If you lose capacity without a Lasting Power of Attorney in place, no one has automatic authority to make decisions on your behalf, even close family. Your family may need to apply to the Court of Protection for someone, known as a deputy, to be appointed to manage your affairs. This can be a more complicated and costly process, and it would be the court, rather than you, that decides who this is.

Yes, it is still worth considering. Being married or in a civil partnership does not automatically give your husband, wife or partner the legal authority to manage your finances or make decisions about your care if you are no longer able to. Without a Lasting Power of Attorney, they may be unable to deal with accounts in your sole name and may need to apply to the Court of Protection, which can take time at an already difficult point.

An attorney is someone you appoint under a Lasting Power of Attorney to make decisions for you during your lifetime, if you are unable to. Their authority ends on your death. An executor is someone you name in your Will to deal with your estate after your death. Many people choose the same trusted person for both roles, but they are separate appointments made in separate documents.

Your attorney should be someone you trust to act in your best interests, such as a family member or close friend, and they must be 18 or over. You can appoint more than one attorney and decide whether they must make decisions together or can act separately. It is also worth naming a replacement attorney in case one of your original choices is later unable to act.

You do not have to use a solicitor, and some people make a Lasting Power of Attorney themselves. However, the forms need to be completed and signed correctly, and mistakes can lead to delays with registration at a time when it may be needed. A solicitor can also help you think through who to appoint, whether to include any instructions or preferences, and whether both types are right for you.

For small changes, you can sometimes add a codicil, which is a separate document that amends your existing Will. It must be signed and witnessed in the same way as a Will. It is important not to write changes directly onto your Will, as this can cause problems with its validity. For more significant changes, making a new Will is usually clearer and reduces the risk of confusion.

Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.

Written by Natasha Thorne TEP
Associate Partner, Wills Trusts and Estate Planning at Franklins Solicitors LLP

Specialises in Wills, Inheritance Tax Planning, Lasting Powers of Attorney, Estate Administration and elderly client matters including Court of Protection and Deputyship.

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