Legal Q&A: Wills and Trusts Guidance

Purpose To offer expert legal advice on key issues regarding wills, trusts, and powers of attorney, tailored to individuals with severe ME/CFS and their carers.

Key Points

1. Managing Financial Affairs
   • Individuals with severe ME should consider granting a Lasting Power of Attorney (LPA) for Property and Finance, appointing both primary and replacement attorneys to ensure continuity.
2. Medical Decision Support
   • While an LPA for Welfare can only be used if the individual loses mental capacity, alternative support arrangements can be made for assisting with medical decisions while retaining autonomy.
3. Protecting Inheritance
   • A discretionary trust within a will, managed by independent trustees, can safeguard assets and ensure that funds are not depleted by care costs, allowing for tailored provisions.
4. Including Beneficiaries
   • Trusts should include multiple beneficiaries, such as charities, alongside the primary beneficiary to ensure flexibility and legal compliance.
5. Professional Expertise
   • Consulting a solicitor specializing in wills and trusts is highly recommended to prepare documents like discretionary trusts and letters of wishes effectively.

Target Audience Individuals with severe ME/CFS, their families, carers, and anyone seeking legal advice on wills, trusts, and powers of attorney.

Overall Outcome The provided legal guidance ensures financial security, continuity of decision-making, and protection of assets for individuals with severe ME/CFS. Consulting specialized solicitors is vital to navigate these complex legal matters effectively.