End-of-life issues

The prognosis for people with HIV has improved dramatically since the advent of effective HIV treatment, and doctors now think that people with HIV will be able to live a normal lifespan. Nevertheless, people still die because of HIV. The success of HIV treatment and natural ageing means that increasing numbers of people are dying with (rather than of) HIV. There are some practical issues that you will need to consider if you are facing death soon. These include wills, sorting out your financial affairs, and possibly even funeral choices.

Even if you’re in perfectly good health, it makes good sense to have a will. A will is the only way of making sure that your partner, family and friends inherit your property in the way you want. Make sure you get a solicitor’s advice when drawing up your will. This will ensure that your will is valid. Although it’s not advised, especially if you want or need to make more complicated bequests, you can write your will on forms bought from stationers. Just make sure you appoint an executor (someone to look after your affairs), and that it’s signed and witnessed in the presence of two people who won’t benefit from the will.

You can find more information on making a will here.

In the UK it is now possible for same-sex couples to form civil partnerships. These provide the same rights and responsibilities as heterosexual marriage, including inheritance and next-of-kin rights.

This is a statement of what kind of medical help you would like to receive if you become seriously ill. It’s also called an advanced care directive. It basically sets out what efforts you want doctors to make to try and keep you alive. It also makes clear who you want to make treatment decisions for you if you are unable to do so. A living will can be of great help to the people caring for you, should you ever get this sick.

You can find more information on making a living will here.

If you give someone ‘power of attorney’, they will be able to make decisions on your behalf when you are unable to do so. You need to see a solicitor to arrange this.

The law changed in 2007 so an 'enduring power of attorney' is replaced with a 'lasting power of attorney'. (EPAs made before 1 October 2007 are still valid.)

There are two sorts of 'lasting power of attorney':

• a property and affairs LPA. This gives someone power to make decisions about your money and the way your property and affairs are handled.
• a personal welfare LPA. This enables one or more people to make decisions about your health care and welfare once you can't do so for yourself. This includes decisions about where you live and what treatment you receive.

You can find out more about power-of-attorney arrangements here.

The surviving spouse from a marriage or civil partnership will inherit a property you own should you die. If you are not married to your partner or in a civil partnership you should specify that you want your partner to get your property in your will or change the ownership of your property to joint ownership. If you are renting a property with someone, you need to ensure that their name is on the lease along with yours.

When somebody dies, all their assets are frozen. This includes money in joint bank accounts. On the production of a death certificate, the deceased person's name is removed from the bank account and the money becomes parts of the survivor's estate.

If you have a pension or life assurance policy, make sure that you’ve nominated the person you want to receive benefits from it after your death. If you haven’t done this, the company will give the money to your next of kin (whatever your will says).

If you have debts, remember that these will pass to your next of kin or main beneficiary in your will. If your debts are large, there are some circumstances when bankruptcy might be an option, particularly if you don’t own your own home or have a lot of valuable possessions. Places like a Citizens Advice Bureau can tell you what’s involved.

If you want, you can arrange this before your death, or you can leave the arrangements to the executor you named in your will. If you haven’t made a will, this will pass to your next of kin. If you are gay, formally registering your relationship as a civil partnership provides an opportunity for your partner to be legally recognised as your next of kin. You can say in your will what kind of funeral service you would like, and whether you’d like to be buried or cremated. Funerals can be very distressing occasions for partners, family and friends, and knowing what your wishes were can help make the event less stressful.