Q. My partner and I are nearing retirement. We remain, thankfully, in the fullness of health and are looking forward to an active retirement. We have particular views on our healthcare, and my husband is anxious to ensure that should he ever suffer from dementia as he ages that the assets would be minded for the family. Can you advise us as what we should look at doing?
Dear Reader,
Firstly and most straightforwardly, you should ensure that you have made and updated your wills and that same cover your wishes adequately. We always advise that it is prudent to have a list of your assets, life policies, bank accounts, their value and location etc, so that your solicitor and/or financial advisor can properly advise you.
If you have particular views as to what healthcare you would like to receive, or would prefer to not undergo, you can make what is known as an Advance Healthcare Directive.
This would commonly be used if you or your husband do not wish for your life to be maintained on a ventilator, or obtain a blood transfusion, but were unable to communicate those desires due to your physical or mental health.
You may also nominate someone to make healthcare decisions on your behalf if you are no longer in a position to do so, this person would be known as a Designated Healthcare Representative (DHR). There is no requirement to appoint a DHR.
You may also wish to enter into an enduring power of attorney. This is a legal document whereby you appoint one or more people, known as your attorneys, to manage your affairs for you, if you are no longer able to do so.
Unfortunately, the process has changed recently whereby you must apply directly through the Decision Making Service, you must have internet access, both you and your attorneys must have certain MyGovID accounts, etc.
The Decision Making Service will eventually supply you with certain documents, which must be signed by all parties in the presence of a solicitor, your doctor must sign the forms, you must serve certain documentation on certain notice parties, etc. The process is far from straightforward at present, and certainly takes some time to complete the entire process.
It is important to note that a DHR has no input over your financial or other affairs, and your attorney under an enduring power of attorney has no input into you healthcare decisions.
You should contact your solicitor to start the various processes as outlined above sooner rather than later.
