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Complete Guide to UK Legal Documents for End-of-Life Planning

· 14 min

Note: The following scenario is fictional and used for illustration.

Margaret, 68, was proud of having made her will five years ago. She'd sorted out who would inherit her £340,000 house, named guardians for her grandchildren's inheritance, and filed the will safely at home. She thought she'd "done her end-of-life planning."

Then she had a stroke. She survived, but lost the mental capacity to manage her finances or make healthcare decisions. Her daughter Sarah discovered that Margaret's will was useless—it only applied after death. Without a Lasting Power of Attorney, Sarah couldn't access her mother's bank accounts to pay the £4,200 monthly care home fees. She had to apply for court deputyship: a 9-month process costing £3,000.

Margaret's will covered death. But she hadn't planned for incapacity. During 2024 to 2025, 1.37 million LPA applications were received by the Office of the Public Guardian—an unprecedented volume—because people learned what Margaret discovered too late: a will is just one piece of the end-of-life planning puzzle.

This guide explains the five essential UK legal documents you need, what each one does, and how to put them in place before you lose capacity or die.

Table of Contents

Why a Will Alone Isn't Enough for End-of-Life Planning

Most people think making a will completes their end-of-life planning. But a will only operates after you die. It has zero legal force while you're alive, even if you lack capacity to make decisions.

The critical gap in planning is this: you need separate documents for two distinct scenarios. Scenario A: You lose capacity but remain alive (requiring LPAs, Advance Decisions, and DNACPR forms). Scenario B: You die (requiring a will). Most people prepare for death but ignore the incapacity scenario entirely.

Consider the numbers. The number of people living with dementia in England and Wales was estimated to be close to one million in 2024 (982,000), and by 2040 this figure is expected to rise to 1.4 million. Strokes, accidents, and sudden illness can cause temporary or permanent incapacity at any age. The risk is real and immediate.

Without a Lasting Power of Attorney in place, your family faces an expensive and lengthy court process. They must apply to the Court of Protection for a deputyship order—costing over £3,000 in legal and court fees and taking 6 to 12 months to process. During this time, no one can legally access your bank accounts, sell your property, or make healthcare decisions on your behalf.

David, 45, had a cycling accident causing traumatic brain injury. His comprehensive will was irrelevant—he needed someone with an LPA to manage his mortgage payments and healthcare decisions immediately. Without LPAs, his partner had no legal authority despite living together 10 years (they weren't married). The court appointed David's estranged father as deputy, overruling his partner's wishes entirely.

Mental capacity under the Mental Capacity Act 2005 means you understand the decision you need to make, retain that information, weigh the options, and communicate your choice. Once lost, you cannot create new LPAs or Advance Decisions. The documents must be in place before capacity is lost.

Planning for death feels optional. Planning for incapacity is urgent—it could happen tomorrow.

To protect your wishes and family across both scenarios (incapacity and death), you need five legal documents working together. Here's the complete overview:

Document What It Does When It's Used Legally Binding? Cost
Will Distributes your estate after death After you die Yes (if valid) £99.99 (WUHLD) vs. £650+ (solicitor)
Property & Financial Affairs LPA Lets someone manage your money/property While alive, if you lose capacity Yes (when registered) £92 to register (OPG fee)
Health & Welfare LPA Lets someone make healthcare decisions for you While alive, if you lose capacity Yes (when registered) £92 to register (OPG fee)
Advance Decision to Refuse Treatment States which medical treatments you refuse When you lack capacity to refuse Yes (if meets legal requirements) Free (template-based)
DNACPR / ReSPECT Records you don't want CPR attempted In medical emergency when heart/breathing stops No (unless in Advance Decision) Free (completed with doctor)

These documents work in combination. Your will handles post-death asset distribution. Both LPAs handle decisions while you're alive but incapacitated. The Advance Decision and DNACPR/ReSPECT forms communicate your end-of-life medical preferences.

Total cost for comprehensive protection: approximately £284 through WUHLD plus OPG registration fees, compared to £1,500 or more through a solicitor for the same documents.

Regional note: Unless stated otherwise, this article relates to England and Wales. Scotland and Northern Ireland have different legal frameworks for these documents. If you live in Scotland or Northern Ireland, consult a local solicitor about the requirements in your jurisdiction.

Over 5 million LPAs are now registered in England and Wales, protecting millions of people from the court deputyship scenario. The combination of will plus both LPAs provides comprehensive protection across all end-of-life scenarios.

Document 1: Your Will - What Happens to Your Estate After Death

A will is a legal document stating who inherits your estate (money, property, possessions) after you die. It's the foundation of end-of-life planning, but it's critical to understand its limitations.

Under the Wills Act 1837 Section 9, a valid will in England and Wales requires five elements:

  1. You must be 18 or older when making it
  2. The will must be in writing
  3. You must sign it (or someone signs in your presence and by your direction)
  4. Two independent witnesses must be present when you sign
  5. Both witnesses must sign in your presence (but not necessarily in each other's presence)

You must also have testamentary capacity—meaning you understand what you own, who might expect to inherit, and the effect of your will.

Your will is ONLY valid after you die. It has zero legal force while you're alive, even if you lack capacity. If you become incapacitated, your will sits in a drawer doing nothing while your family scrambles to pay your bills. You need Lasting Powers of Attorney to cover the period between losing capacity and death.

What a will covers:

  • Who inherits your estate (beneficiaries)
  • Who manages the estate administration (executors)
  • Guardians for children under 18
  • Funeral wishes (not legally binding but guides family)
  • Specific gifts of property, money, or possessions

What a will doesn't cover:

  • Decisions while you're alive but incapacitated
  • Who can access your bank accounts if you lose capacity
  • Healthcare decisions if you're in a coma
  • Jointly owned property (passes automatically to co-owner)
  • Life insurance or pension with named beneficiaries (passes outside will)

Without a valid will, intestacy rules under the Administration of Estates Act 1925 determine who inherits. Your spouse receives the first £270,000 plus personal belongings and half the remainder. Children split the other half. If you have no spouse or children, your estate passes to parents, siblings, or more distant relatives—which may not reflect your wishes at all.

James, 52, had a comprehensive will leaving everything to his wife Helen. He developed early-onset dementia at 54. Helen discovered the will was useless—she couldn't access his pension, sell their jointly owned house with equity release, or make decisions about his care home. She needed an LPA, which James could no longer create because he lacked mental capacity. Helen faced court deputyship applications while James was still alive.

The cost of creating a will through WUHLD is £99.99, compared to £650 or more through a solicitor. You receive your complete will plus three expert guides: a Testator Guide explaining how to execute your will properly, a Witness Guide to give to your witnesses, and a Complete Asset Inventory document.

Document 2: Property and Financial Affairs LPA - Managing Money If You Lose Capacity

A Property and Financial Affairs LPA lets you appoint someone (your "attorney") to make financial decisions on your behalf if you lose mental capacity. This document is governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian before it can be used.

Your Property and Financial Affairs LPA can operate in two ways: either as soon as it's registered (with your permission while you still have capacity), or only when you lose capacity (you choose this when creating the LPA).

What your attorney can do:

  • Manage bank accounts and pay bills
  • Collect benefits, pensions, or income
  • Sell your house or property
  • Invest your money
  • Make decisions about your mortgage
  • Access your safe deposit box
  • Manage your business affairs
  • Deal with your tax affairs

Who can be your attorney:

Your attorney must be 18 or older and have mental capacity themselves. You can appoint a family member, friend, or professional (solicitor, accountant). You can appoint multiple attorneys to act jointly (all must agree), jointly and severally (any can act alone), or in succession (one replaces another if the first can't act).

Someone who is bankrupt cannot act as your Property and Financial Affairs attorney—bankruptcy disqualifies them automatically.

Registration requirements:

The LPA must be registered with the Office of the Public Guardian before it can be used. The registration fee is £92 (increased from £82 in November 2025). Registration takes 8 to 10 weeks if there are no errors in the application. You must notify certain people (typically family members) of your intention to register, giving them opportunity to object if they have concerns.

Without this LPA, if you lose capacity, your family must apply to the Court of Protection for a deputyship order. This costs £3,000 or more in court and legal fees, takes 6 to 12 months to process, and requires annual reporting to the court. An LPA costs £92 and takes 10 weeks.

Patricia, 71, developed vascular dementia. She had no Property and Financial Affairs LPA. Her son couldn't access her bank accounts to pay her £4,200 monthly care home fees. The care home threatened to discharge her. He had to apply for emergency deputyship through Court of Protection: £3,000 in legal fees, 9-month wait. Meanwhile, Patricia's bills went unpaid and she received threatening letters from creditors. The stress was enormous for the entire family.

Your attorney cannot gamble with your money, change your will, or make healthcare decisions (those require a separate Health and Welfare LPA). The Office of the Public Guardian investigates complaints about attorneys who abuse their position, providing important safeguards.

Document 3: Health and Welfare LPA - Healthcare Decisions When You Can't Make Them

A Health and Welfare LPA lets you appoint someone to make healthcare and personal welfare decisions if you lack capacity. This is a separate document from Property and Financial Affairs LPA. You need BOTH. One attorney cannot make both types of decisions unless appointed in both documents.

This LPA ONLY operates when you lack mental capacity—unlike the financial LPA which can be used with your permission while you still have capacity. Your attorney has no authority while you retain capacity to make your own healthcare decisions.

What your attorney can do:

  • Decide where you live (your home, care home, with family)
  • Consent to or refuse medical treatment (including surgery)
  • Decide on daily routine (diet, dress, daily activities)
  • Make decisions about life-sustaining treatment (IF you gave them this authority explicitly)
  • Access your medical records
  • Communicate with healthcare professionals on your behalf
  • Decide who can visit you
  • Make decisions about your personal care needs

Life-sustaining treatment authority:

The LPA form asks: "Do you want your attorney to make decisions about life-sustaining treatment?" This is a separate question requiring explicit consent. If you select "No" or leave it blank, your attorney CANNOT make life-or-death decisions. If you want them to have this authority, you must tick "Yes."

Life-sustaining treatment includes any treatment that a healthcare professional considers necessary to keep you alive. This could include artificial ventilation, artificial nutrition and hydration, antibiotics for infections, or CPR. Without this authority, doctors make these decisions based on clinical judgment and what they believe is in your best interests.

Who should be your Health and Welfare attorney:

Choose someone who knows your values and wishes, can make difficult decisions under pressure, and can communicate effectively with medical professionals. Often this is a spouse, adult child, or close friend. Your Health and Welfare attorney can be the same person as your Property and Financial Affairs attorney, or you can appoint different people.

Registration requirements:

Like the financial LPA, this must be registered with the Office of the Public Guardian. The registration fee is £92 (separate from Property and Financial Affairs LPA, so £184 total for both). Registration takes 8 to 10 weeks. The LPA MUST be registered before it can be used.

Robert, 66, had a severe stroke leaving him unable to communicate. His wife Anne had Health and Welfare LPA with authority to make life-sustaining treatment decisions. When doctors said Robert had minimal chance of recovery and suggested withdrawing treatment, Anne could make the decision based on what Robert had told her he wanted. Without the LPA, doctors would have made the decision alone, or the court would have decided (taking months). Anne's authority gave Robert's wishes a voice when he couldn't speak.

Your attorney cannot make decisions if you have capacity, force you to do something against your wishes, or consent to treatment you've refused in an Advance Decision. The NHS provides guidance on how LPAs work with healthcare decisions, helping attorneys understand their responsibilities.

Document 4: Advance Decision to Refuse Treatment (Living Will)

An Advance Decision to Refuse Treatment (ADRT) is a written statement of your wishes to refuse specific medical treatment in a future situation when you lack capacity. It's also called a living will or advance directive (in Scotland).

Under the Mental Capacity Act 2005 Sections 24-26, an Advance Decision is legally binding if it meets the required legal criteria and applies to the circumstances that arise.

Key distinction from LPA:

An Advance Decision is YOUR instructions ("I refuse X treatment in Y situation"). A Health and Welfare LPA gives someone ELSE the authority to make treatment decisions for you. You can have both—the Advance Decision sets boundaries ("never give me CPR"), while the LPA lets your attorney make other decisions within those boundaries.

What you can refuse:

  • Specific medical treatments (ventilation, feeding tube, dialysis, chemotherapy)
  • CPR (cardiopulmonary resuscitation)
  • Life-sustaining treatment in specific circumstances
  • Example: "If I have advanced dementia and cannot recognize my family, I refuse artificial nutrition and hydration"

What you cannot refuse:

  • Basic comfort care (pain relief, keeping clean, being offered food and drink by mouth)
  • Treatment that would harm others (treatment for infectious disease)
  • Treatment under Mental Health Act for mental disorder
  • Assisted suicide or euthanasia (illegal in UK)

Legal requirements for valid Advance Decision:

For refusing life-sustaining treatment, your Advance Decision must meet strict requirements:

  1. You must be 18 or older when making it
  2. You must have mental capacity when making it
  3. It must be in writing
  4. You must sign it
  5. An independent adult must witness your signature
  6. It must include the statement: "This decision applies even if my life is at risk"
  7. You must specify the EXACT treatments you refuse
  8. You must specify the EXACT circumstances when the refusal applies

Vague statements like "I don't want to be kept alive artificially" are not legally binding because they're not specific enough. You must identify particular treatments (artificial ventilation, artificial nutrition) in particular circumstances (if I have a stroke leaving me unable to communicate).

When Advance Decision may not apply:

Your Advance Decision may not apply if you've named an attorney in a Health and Welfare LPA with conflicting authority created after the Advance Decision, if you've done something clearly inconsistent with the advance decision since making it, if circumstances changed in a way you couldn't have anticipated, or if you regain capacity to make decisions.

Elizabeth, 73, made an Advance Decision stating: "If I have a stroke leaving me unable to communicate and doctors confirm I have minimal chance of recovery, I refuse: (1) CPR, (2) artificial ventilation, (3) artificial nutrition and hydration, (4) antibiotics for infections. This decision applies even if my life is at risk." She signed it in the presence of an independent witness who also signed.

When Elizabeth had a massive stroke at 76, doctors consulted her Advance Decision. She had clearly refused ventilation in exactly this scenario. The ADRT was legally binding. Doctors followed her wishes and provided palliative care only. Elizabeth died peacefully within 48 hours, exactly as she'd planned.

Free templates are available from Compassion in Dying and NHS England. Using a template ensures you include all legally required elements. Discuss your decision with your GP before finalizing—they can help you understand which treatments you're refusing and add the ADRT to your medical records.

Document 5: DNACPR and ReSPECT Forms - Emergency Care Preferences

DNACPR stands for "Do Not Attempt Cardiopulmonary Resuscitation." It's a medical form recording that if your heart or breathing stops, healthcare staff will not attempt CPR. It's also called DNAR (Do Not Attempt Resuscitation) or DNR (Do Not Resuscitate).

DNACPR is NOT legally binding on its own—it's a medical recommendation, not a legal document. However, it becomes legally binding if included in a properly executed Advance Decision meeting all legal requirements.

What DNACPR covers:

DNACPR is ONLY about CPR. It does not affect any other treatment. You will continue to receive all appropriate care, pain relief, and medical treatment. It only means that if your heart stops, doctors won't attempt chest compressions or electric shocks to restart it.

Why someone might choose DNACPR:

People choose DNACPR for various reasons. Some have terminal illness where CPR is unlikely to be successful. Others have frail health where CPR would cause more harm than good (broken ribs, punctured lungs). Many base their decision on personal values—preferring natural death over aggressive resuscitation.

The success rate matters. Overall, CPR restarts the heart and breathing for between 1 and 2 in 10 people whose heart or breathing have stopped. Only a few people make a full recovery even if their heart or breathing can be restarted with CPR. You may still be very unwell and need more treatment, and you may never get back to the health you had before.

Who makes the decision:

If you have capacity, YOU decide whether to have DNACPR. If you lack capacity, a doctor decides based on clinical judgment (is CPR likely to succeed?) plus your attorney's input if you have a Health and Welfare LPA.

A DNACPR decision should not be made without discussing it with you (if you have capacity) or your attorney or family (if you lack capacity). During the COVID-19 pandemic, there were concerns about blanket DNACPR orders for people with learning disabilities—NHS England confirmed this practice was unacceptable. DNACPR should NEVER be based on learning disability, Down's syndrome, age alone, or disability.

ReSPECT Form (broader alternative to DNACPR):

ReSPECT stands for Recommended Summary Plan for Emergency Care and Treatment. The ReSPECT process was developed by Resuscitation Council UK and is increasingly being adopted across England, Scotland, and Northern Ireland.

ReSPECT covers MORE than just CPR. It records your preferences for emergency care, treatment focus (extend life vs. prioritize comfort), and clinical recommendations. It includes a CPR decision but also covers ambulance transfer to hospital, hospital admission, intensive care, and other emergency interventions.

Paramedics, A&E staff, and hospital teams use ReSPECT forms to understand your wishes quickly in an emergency. The form is completed WITH you, your attorney, or your family—creating a shared understanding between you and healthcare professionals about what matters most to you.

Feature DNACPR ReSPECT
Scope CPR decision only Full emergency care preferences
Legal status Not legally binding (unless in Advance Decision) Not legally binding (clinical recommendations)
Who completes Doctor or healthcare professional Completed WITH you, your attorney, or family
Where used Hospitals, care homes, ambulances All settings (home, ambulance, hospital, hospice)
Includes CPR decision Yes (that's all it covers) Yes (plus other emergency care decisions)

Thomas, 82, had terminal lung cancer. He completed a ReSPECT form with his GP stating: "CPR: Do not attempt. Treatment focus: Prioritize comfort over life extension. Preferred place of care: Home. Hospital transfer: Only if symptoms cannot be managed at home."

When Thomas developed pneumonia, paramedics consulted his ReSPECT form. He'd stated he wanted to stay at home if possible. They arranged home oxygen and antibiotics rather than transferring him to hospital. Thomas recovered from the pneumonia and died peacefully at home 3 months later, exactly as he'd planned.

Now you understand what each document does. Here's how to create them, in order of priority.

Step 1: Make your will first (highest priority)

Timeline: 15-20 minutes online

Use WUHLD's guided online platform (£99.99) or a solicitor (£650 or more). You'll need a list of beneficiaries (who inherits what), executor names (two recommended), guardian names if you have children under 18, and an asset list with approximate values.

WUHLD provides your complete will plus a Testator Guide, Witness Guide, and Asset Inventory document. After drafting, you must print the will, sign it, and have it witnessed by two independent witnesses who are not beneficiaries or married to beneficiaries.

Store your will safely and tell your executor where it's kept. Never store your will with a will storage company that charges your estate a percentage to release it.

Step 2: Register Property and Financial Affairs LPA

Timeline: 30-45 minutes to complete form, 8-10 weeks to register

Use the GOV.UK online LPA service (£92), paper form (£92), or a solicitor (£500 or more). You'll need attorney names (one or more people you trust with your money), a decision on when it can be used (as soon as registered OR only when you lack capacity), and a certificate provider who confirms you understand what you're signing.

Complete the form, sign it, have your attorney sign, then register with the Office of the Public Guardian paying the £92 fee. Wait 8 to 10 weeks for registration. You can apply for a fee reduction if you receive certain benefits, or a fee exemption if your income is very low.

Step 3: Register Health and Welfare LPA

Timeline: 30-45 minutes to complete form, 8-10 weeks to register

This is a separate document from Property and Financial Affairs LPA. Use the same GOV.UK service or paper form (£92 registration fee, separate from financial LPA = £184 total for both).

You'll need attorney names (can be the same as financial LPA or different people), a decision on life-sustaining treatment authority (explicit yes or no—read the guidance carefully before deciding), and a certificate provider.

The process is identical to the financial LPA: complete, sign, attorney signs, register with OPG, pay £92, wait 8-10 weeks. Remember this LPA ONLY works after you lose capacity, not before.

Step 4: Create an Advance Decision (if you want to refuse specific treatments)

Timeline: 1-2 hours to draft and finalize

This step is optional. Only create an Advance Decision if you have strong feelings about refusing specific treatments. Use a template from Compassion in Dying or NHS England (free).

You'll need a list of specific treatments you want to refuse (be exact—not "aggressive treatment" but "artificial ventilation, artificial nutrition and hydration"), circumstances when refusal applies (be specific—"if I have advanced dementia where I cannot recognize my family"), and if refusing life-sustaining treatment you must include the statement "even if life is at risk."

The document must be in writing, signed by you, and witnessed by an independent adult. Store it with your medical records—give a copy to your GP, attorney, and family. Update it if your circumstances or wishes change.

Step 5: Discuss DNACPR or ReSPECT with your doctor (when appropriate)

Timeline: 30-minute conversation with GP

DNACPR and ReSPECT forms are NOT for everyone. They're most appropriate if you have serious illness, are elderly or frail, or have strong preferences about emergency care and CPR.

You cannot complete these forms alone—they must be completed with a doctor or healthcare professional. The conversation covers your wishes, your doctor's clinical judgment about likely outcomes, and shared decision-making about what should happen in an emergency.

The doctor completes the DNACPR or ReSPECT form, stores it in your medical records, and gives you a copy. The form is used by ambulance crews, hospital staff, and care home staff in emergencies so they know your wishes immediately.

Total cost for all documents:

  • Will: £99.99 (WUHLD)
  • Property and Financial Affairs LPA: £92 (OPG registration)
  • Health and Welfare LPA: £92 (OPG registration)
  • Advance Decision: Free
  • DNACPR or ReSPECT: Free

Total: £283.99 via WUHLD compared to £2,000 or more via solicitor for the same documents.

When to seek professional help:

Seek legal advice from a qualified solicitor if you have complex estates (business ownership, international property, trusts), concerns about mental capacity being challenged, family disputes or likely will contests, a dementia diagnosis (capacity assessment may be needed), or complicated family structures (estranged family members, multiple marriages, children from different relationships).

For complex situations, solicitor fees of £1,500 or more are a worthwhile investment to ensure documents are valid and will stand up to challenge.

When to Review and Update Your End-of-Life Documents

Creating your documents is step one. Keeping them current is step two. Outdated documents can be worse than no documents at all.

Review ALL documents every 3 to 5 years. Set a calendar reminder for a specific date (your birthday, New Year's Day, or the anniversary of making the documents). A complete review takes 30 to 60 minutes—checking that all documents still reflect your wishes and circumstances.

Immediate review required after these life events:

Marriage or civil partnership:

⚠️ CRITICAL: Your will becomes INVALID automatically when you marry or enter a civil partnership under the Wills Act 1837, UNLESS it explicitly states it was made "in contemplation of marriage" to your specific spouse. LPAs remain valid but consider whether you want to add your spouse as attorney or replace existing attorneys. Your Advance Decision remains valid.

Divorce or dissolution:

Your will remains valid BUT your ex-spouse is treated as if they died (cannot inherit or act as executor). ⚠️ LPAs remain VALID even after divorce—you MUST revoke the LPA if you don't want your ex-spouse having authority over your finances or healthcare. Review and update your Advance Decision to remove your ex-spouse as a contact if listed.

Birth or adoption of children:

Update your will to add the child as a beneficiary and name guardians for children under 18. Update your LPAs to consider whether your new child should be a future attorney when they reach 18.

Death of beneficiary, attorney, or executor:

Update your will to name replacement beneficiaries or executors. Update LPAs to name replacement attorneys, or create a new LPA if your attorney was the sole appointee.

Significant change in assets:

If you buy or sell a house, receive an inheritance, sell a business, or start a business (£100,000 or more change in estate value), review your will to ensure distribution percentages still make sense and executors can handle the complexity.

Diagnosis of serious illness:

Create or update your Advance Decision (now immediately relevant). Discuss DNACPR or ReSPECT with your doctor. Ensure LPAs are registered and attorneys know where to find them. Update your will if your prognosis affects your wishes.

Moving to Scotland or Northern Ireland:

⚠️ Different laws apply. Your English or Welsh will MAY be valid but should be reviewed with a Scottish or Northern Irish solicitor. LPAs are NOT valid in Scotland—you need a "Power of Attorney" under Scottish law (Adults with Incapacity Act 2000). Advance Decisions have different requirements in Scotland.

Attorney circumstances change:

Update your LPA if your attorney becomes bankrupt (invalidates Property and Financial Affairs LPA immediately), loses mental capacity, moves abroad (may be impractical to act), or if your relationship breaks down and you no longer trust them.

How to update each document:

Will: For minor changes, add a codicil (supplementary document). For major changes, create a new will—this automatically revokes your previous will. Never cross out or handwrite changes on an existing will—this invalidates it.

LPAs: You cannot amend a registered LPA. You must create a new LPA and register it (paying £92 again). Notify the Office of the Public Guardian to cancel the old LPA once the new one is registered.

Advance Decision: You can cross out and initial minor changes if you're not refusing life-sustaining treatment. For life-sustaining treatment refusals, create a new document (sign and witness again following all legal requirements). Destroy old copies to avoid confusion.

DNACPR or ReSPECT: Complete a new form with your doctor when circumstances change. Destroy the old form and ensure all copies (with GP, hospital, care home) are replaced.

Linda made a will in 2015 naming her sister as executor and leaving everything to her two children. In 2018, she married Tom but didn't update her will because she thought it "still reflected her wishes." When Linda died in 2023, her will was INVALID—marriage had revoked it automatically. Intestacy rules applied: Tom inherited everything under intestacy, and Linda's children from her first marriage received nothing. If Linda had updated her will after marriage or made a new will "in contemplation of marriage to Tom," her children would have inherited as she intended.

Frequently Asked Questions

Q: What are the 5 essential legal documents for end-of-life planning in the UK?

A: The five essential documents are: a will (to distribute your estate), a Property and Financial Affairs LPA (for managing finances if you lose capacity), a Health and Welfare LPA (for healthcare decisions), an Advance Decision to Refuse Treatment (for refusing specific medical treatments), and a DNACPR form (if you don't want CPR attempted). Together, these documents ensure your wishes are legally protected across financial, healthcare, and end-of-life scenarios.

Q: What's the difference between an Advance Decision and a DNACPR form?

A: An Advance Decision (also called a living will) is a legally binding document under the Mental Capacity Act 2005 that lets you refuse specific medical treatments in advance, such as life-sustaining treatment. A DNACPR (Do Not Attempt Cardiopulmonary Resuscitation) form specifically records that you don't want CPR if your heart or breathing stops. DNACPR is not legally binding on its own, but becomes legally binding when included in a properly executed Advance Decision.

Q: Do I need both a will and a lasting power of attorney?

A: Yes, you need both because they serve different purposes. A will only takes effect after you die and distributes your estate. A Lasting Power of Attorney operates while you're alive but lack capacity to make decisions yourself. Without an LPA, your family would need to apply for a court-appointed deputyship (costing £3,000+) to manage your affairs if you lose capacity through illness, accident, or dementia.

Q: How much does it cost to set up all end-of-life legal documents in the UK?

A: Through WUHLD, you can create a legally valid will for £99.99. Each Lasting Power of Attorney costs £92 to register with the Office of the Public Guardian (you need two: Property and Financial Affairs and Health and Welfare, totalling £184). Advance Decisions and DNACPR forms are free. Total cost through WUHLD: approximately £284 vs £1,500+ through a solicitor for the same documents.

Q: Can I write my own Advance Decision to Refuse Treatment, or do I need a solicitor?

A: You can write your own Advance Decision without a solicitor, but it must meet specific legal requirements under the Mental Capacity Act 2005. To refuse life-sustaining treatment, it must be in writing, signed by you, witnessed by an independent adult, and include a statement that your decision applies 'even if life is at risk.' For straightforward preferences, templates from Compassion in Dying or NHS England work well.

Q: What happens if I lose mental capacity without an LPA in place?

A: Without an LPA, your family cannot automatically manage your finances or make healthcare decisions for you. They must apply to the Court of Protection for a deputyship order, which costs over £3,000 in court and legal fees, takes 6-12 months to process, and requires annual reporting. An LPA costs £92 to register and gives your chosen attorneys immediate authority when needed.

Q: How often should I update my end-of-life legal documents?

A: Review all documents every 3-5 years or immediately after major life changes: marriage, divorce, birth of children, death of an attorney or beneficiary, house purchase, significant wealth changes, diagnosis of serious illness, or moving to Scotland or Northern Ireland (different laws apply). Your will becomes invalid if you marry unless it explicitly states it was made 'in contemplation of marriage' to your spouse.

Protect Your Wishes and Family with Complete End-of-Life Planning

You now understand the five essential legal documents for end-of-life planning in the UK:

  • Your will distributes your estate after death (who inherits what, who manages administration, guardians for children)
  • Property and Financial Affairs LPA lets someone manage your money and property if you lose capacity (prevents £3,000+ court deputyship)
  • Health and Welfare LPA lets someone make healthcare decisions for you when you can't (including life-sustaining treatment if you grant that authority)
  • Advance Decision to Refuse Treatment lets you refuse specific medical treatments in advance (legally binding if properly executed)
  • DNACPR and ReSPECT forms record your emergency care preferences, especially whether you want CPR attempted

Together, these documents protect your wishes across two critical scenarios: if you lose capacity while alive (LPAs, Advance Decision, DNACPR) and after you die (will). The cost through WUHLD is approximately £284 (will plus two LPAs) compared to £2,000 or more through a solicitor.

The gap between planning and action is where families suffer. You know what's needed. The question is: will you put these documents in place this week, or will you wait until it's too late—when you've lost capacity and your family faces court applications, legal fees, and impossible decisions?

Need Help with Your Will?

Understanding the ecosystem of end-of-life legal documents helps you create a comprehensive plan that protects both your capacity and post-death wishes. Your will is the foundation—it ensures your estate goes to the people you choose, not the government's intestacy rules.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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