Planning Ahead

You may already have made arrangements to secure the future for the significant people in your life but for many people making Wills, financial planning, pensions and making funeral arrangements are things that they may not have done before and they need help.  Living together, divorce and children can make matters more complicated as issues around next of kin and responsibility for children are complex.  So for some people it may be helpful to think again and take advice if they have any anxieties.

Next of Kin

Before a death it is possible for a patient to appoint any person of their choice to be recognised as their next of kin, whether or not they are related.  However, after a death this person will not be legally recognised if there is a direct living relative or spouse.  We would advise patients to consult a solicitor for guidance.

Further information is available on: www.advicenow.org.uk/livingtogether

Mental Capacity Act 2005 (MCA)

This Act came into force in 2007 and creates important new safeguards for anyone who, through illness, injury or disability, has difficulty making decisions.  If this is applicable now or you would like to plan ahead in case it happens in the future, then this Act will be of interest to you.  Please ask a member of the Hospice staff if you would like more information.

Children

In situations where children are living with their mother (the patient) and their biological father is estranged from their mother, or is the mother’s partner, there should be documented evidence of how the mother wants her children to be cared for after her death.  It is not sufficient to assume that a written request (or a Will) is adequate or to assume that the children’s biological father can continue caring for the children.
Children born prior to December 2003 – If the biological father is not married to the children’s mother he does not have parental responsibility in the event of her death, even if his name is on the birth certificate.

Children born after December 2003 – In the same circumstances the biological father would automatically have parental responsibility if his name is on the birth certificate.
In such circumstances we advise patients and families to consult a Family Law solicitor who is familiar with the Children Act to ensure that arrangements made for children are legal and binding.  The mother can make other arrangements, but only by a legal process.  Any local solicitors firm can give you a list of local Family Law solicitors.
Planning like this as far ahead as possible ensures that your wishes are carried out and we can help you get access to information and the contacts to make your arrangements.

If you wish to discuss any of the above please contact a member of the Family Support Team.