Getting Your Affairs in Order: A Guide to Planning Ahead

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.

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.

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:

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.

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:

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.

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.

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.