Making a Will at Eastbourne District General Hospital

A hospital visit to prepare a Will may be possible—and sometimes it is the only practical option. But making your Will before a hospital admission gives you more time, more privacy and a better opportunity to consider your wishes carefully.

An unexpected admission to Eastbourne District General Hospital can bring unfinished arrangements into sharp focus. Someone who has been putting off making a Will may suddenly want to protect their partner, provide for their children or update an old document.

If you know you are in danger, or are just having a routine operation, it makes sense to expect the best and prepare for the worst, so at least your wishes are respected, and you don’t end up with the Court of Protection managing your life if things don’t go the right way.

If you or someone close to you needs help, contact Steve Pett, The Professional Will Writer & Lasting Powers of Attorney, on 01323 766 766 to discuss whether a hospital visit can be arranged. Availability, the patient’s condition and access arrangements will need to be considered. Please explain any urgency when you call.

Why the DGH is not the ideal place to make a Will

A hospital is primarily a place for treatment and recovery. Pain, exhaustion, anxiety, interruptions and lack of privacy can make a detailed discussion difficult.

Illness, delirium and the effects of some medicines may also affect a person’s ability to understand information and make decisions. Their condition may change during the day: someone who is clear and alert in the morning may be much less able to concentrate later.

Being in hospital does not automatically prevent someone from making a valid Will. Equally, being able to hold a friendly conversation does not, by itself, establish that they have the capacity to make one.

The important question is whether the person has the understanding required for the particular decision.

What does capacity to make a Will involve?

Capacity to make a Will is often called testamentary capacity. Broadly, the person must understand:

• That they are making a Will and what it will do.
• The general extent of the property and assets they are leaving.
• The people whose claims on their estate they ought to consider.

A mental disorder must not distort their decisions about the Will in the way described by the legal test.

This is more than checking whether someone remembers the date or recognises their relatives. The discussion must explore their wishes, their understanding and the reasons for their decisions.

A diagnosis of dementia does not automatically mean someone cannot make a Will. Their actual abilities and circumstances need to be considered.

Why medical evidence may be needed

For an older or seriously ill person, particular care is needed. Professional guidance known as the “golden rule” recommends medical involvement in assessing and recording capacity when preparing a Will in these circumstances. These are specialist assessment and not part of the NHS Service and are likely to cost between £400 and £800 – and coordinating that with signing the Will may not be easy.

Medical evidence may help establish the person’s understanding and protect against later disputes. However, a general statement that someone “has capacity” may not address the specific requirements for making a Will.

Where appropriate, a suitably qualified clinician may need to assess testamentary capacity specifically. Availability, timing and any separate assessment fee will need to be discussed.

An urgent situation requires careful judgement: obtaining evidence matters, but so does avoiding unnecessary delay. A hospital visit cannot guarantee that a Will can be completed.

The instructions must come from the patient

Relatives can help arrange a visit and gather practical information. They cannot decide or influence in any way what the patient’s Will should say.

I will need an opportunity to speak with the person privately, to establish their own wishes and check that they are acting freely. Friends or relatives will need to leave the room at such a time in most circumstances.

An unexpected change benefiting someone involved in arranging the appointment, or excluding someone previously included, may require additional enquiries and a careful record of the reasons.

The patient must also understand and approve the document. Signing and witnessing must meet the legal requirements.

How to prepare for a hospital Will appointment

When you contact me, please have the following information available where possible:

• The patient’s name, ward and a suitable contact number – ideally their mobile.
• Whether the patient has personally asked to make or change their Will.
• The reason for the urgency.
• Any existing Will, or details of where it is kept.
• An outline of their assets and family circumstances.
• Full names and details of proposed executors and beneficiaries.
• Any known difficulties with memory, communication, hearing or sight.
• Any known concerns about confusion or fluctuating alertness.

Please coordinate access with the ward. Treatment needs come first, and a suitable time and sufficiently private setting will need to be agreed.

Do not assume hospital staff will be available to witness a Will or provide a capacity assessment.

What if the person cannot make a Will?

A relative or attorney cannot simply sign a new Will on their behalf.

Where someone lacks testamentary capacity, a statutory Will application to the Court of Protection may be an option. This is a separate specialist process, rather than an ordinary bedside Will appointment.

If difficulties are temporary, it may be possible to revisit the discussion when the person improves. Where the situation is urgent, specialist advice may be needed promptly.

What about Lasting Powers of Attorney?

It may be too late to make Lasting Powers of Attorney, which normally take the best part of 3 months from start to finish. This includes 4 weeks just sitting and waiting, a nutty rule pointless applied to every LPA rather than just those where it has some relevance.

In an emergency situation, it MAY be possible to get LPAs make in 6 weeks.

A Will deals with matters after death. Lasting Powers of Attorney deal with decisions during your lifetime. One does not replace the other.

There are two types of LPA:

• Property and Financial Affairs, covering matters such as money, bills and property.
• Health and Welfare, covering relevant care and treatment decisions when you cannot make them yourself.

The person must have the capacity required to make an LPA. The assessment is different from the test for making a Will.

LPAs also need registration before they can be used. Preparing one during a hospital admission does not provide immediate authority for a relative to act.

Plan before a hospital admission or memory crisis

The best time to arrange Wills and LPAs is while you are well and can consider your choices without pressure.

You do not need to wait for a dementia diagnosis, a hospital admission or a family emergency.

If you are concerned about your memory, or about someone close to you, contact me early to discuss legal planning. At the same time, seek advice from your GP about the symptoms. Memory difficulties can have several causes, and legal planning should not delay medical assessment.

A diagnosis does not automatically close the door to making Wills or LPAs—but waiting may make the process more difficult.

Discuss a hospital visit or plan ahead

Call Steve Pett on 01323 766 766 to discuss a Will appointment at Eastbourne District General Hospital, or to arrange Wills and Lasting Powers of Attorney before they become urgent.

Based in Polegate, I specialise in Wills and LPAs, serving Eastbourne, Hailsham, Seaford and the surrounding area.

Steve Pett CmpnSWW, AffSTEP, DMS

This article concerns England and Wales. Hospital appointments are subject to availability and the individual circumstances. This is an independent service, not a service provided or endorsed by the hospital.