Considerations when making a will

When choosing an Executor

  • Choose more than one executor in case they are unable to take on the role due to death, incapacity or illness.
  • Ideally, your executor should not be so young as to be inexperienced in life or so old as to predecease you or be incapacitated.
  • If there is or is likely to be conflict amongst family members concerning your will, consideration should be given to appointing a professional such as a solicitor or accountant or institutional such as a trustee company as executor.
  • When choosing your executor have regard to the size, nature and complexity of your estate to ensure that they have the necessary skills to administer it.

When choosing an attorney under a Power of Attorney

  • Appoint an attorney that you can trust.
  • To limit risk of loss, appoint more than one attorney to act jointly.
  • If you appoint more than one attorney to act jointly, they should be people that can work together.
  • If there is no one that you trust enough to appoint as your attorney or if there is conflict within the family, consideration should be given to appointing an institutional attorney.
  • Appoint an attorney that can work with your guardian so that your guardian will make decisions for example regarding your accommodation that your attorney will agree to fund.
  • Carefully consider limiting the powers that you give your attorney so as to limit the risk of loss.
  • Consider whether a power of attorney is required in any given circumstance.

When choosing a Guardian

  • Appoint a guardian with similar values as yourself and/or who will respect and give effect to your wishes as they will be making lifestyle decisions for you.
  • If your guardian and attorney are different people make sure that they can work together.
  • If there is likely to be disagreement amongst family members concerning your accommodation, medical care and access, consideration should be given to appointing an institutional guardian.

How to prevent Elder Financial Abuse

To reduce the risk of elder financial abuse:

  • Maintain a large network of social contacts and avoid isolation;
  • Find a good doctor and stick with them. It will be easier for a doctor that knows you to notices changes in you that may make you vulnerable to exploitation.
  • Make arrangements for important documents such as title deeds to your home to be held somewhere safe and to only be released in certain circumstances such as a letter from your doctor and/or solicitor.
  • Take care when allowing strangers into your house either to visit or to boarder.
  • If you are a child or family member, maintain regular contact with your elder family member so that action can be taken promptly to prevent loss.