Lasting Power of Attorneys - Health & Welfare

There are two types of Lasting Power of Attorney (LPA); one which deals with your Property and Financial Affairs and one which deals with your Health and Welfare. In this article, we will be discussing the Health and Welfare LPA.

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint Attorneys people you choose to make decisions for you) and the common choices are a spouse, partner, son, daughter of best friend.

By having an LPA for Health and Welfare in place, you are able to decide who you want to make decisions for you, should you be unable to make decisions for yourself because you lack mental capacity.

When completing the LPA, you must decide whether your Attorneys can make decisions on their own or whether they must agree some or all decisions unanimously. You can also choose whether your Attorneys can give or refuse consent to life-sustaining treatment on your behalf. The LPA document provides a space for you to include preferences and instructions if you wish, so that you can tell your Attorneys how you would like them to make decision for you

In the event that you lose mental capacity, a Health and Welfare LPA will allow your Attorneys to do make care health and welfare decisions such as:-

• Where you should live,
• Medical Treatment you should receive
• Life sustaining treatment if you give your Attorneys the authority to make such decisions (our Solicitors at Johnson Astills can advise and explain the importance of your decision in this area)
• Day to day health and welfare matters
• Your diet and your routine

The Health and Welfare LPA can only be used if you lack mental capacity, unlike the Property and Financial Affairs LPA which can be used whilst you still have capacity and provided that you have given your Attorneys the authority to do so.

Did you know that the Office of the Public Guardian recently issued a survey; and over half of the individuals asked wrongly believed that once you make a Lasting Power of Attorney for your Health and Welfare, your Attorneys can make decision for you immediately?

It is therefore, important to remember that your Health and Welfare LPA can only be used when you no longer have capacity to make decisions for yourself and your Attorneys cannot act on your behalf whilst you can still make decisions for yourself.

Creation of a Health and Welfare LPA can bring peace of mind knowing that if you lack mental capacity in the future, your Attorneys can make decisions for you. They will be able to act as your voice in any decisions that are made about your Health and Welfare.

If you want your Health and Welfare decisions to be made by people you choose, it is important that you have an LPA in place. You should also note that LPAs can only be made whilst you have mental capacity, so if you leave it too late, you run the risk of being unable to create the documents.

At Johnson Astills, we have a dedicated Wills and Probate Team who would be more than happy to assist you with making Lasting Powers of Attorney. We also have offer a discount if you go ahead and make both types of Lasting Powers of Attorney. Please contact our Wills and Probate Team on 0116 2554855 or 01509 601 312 for further information or to arrange an appointment.