Lasting Power of Attorney Types
A power of attorney allows you to give someone you trust the legal power to act on your behalf, if due to illness or an accident in the future you lose the ability to make decisions for yourself. The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney.
There are two types of Lasting Power of Attorney (LPA):
- Property and Financial Affairs LPA
- Health and Welfare LPA
In this article, we are going to be looking at a Lasting Power of Attorney for Health and Welfare and some of the most frequently asked questions regarding this type of LPA.
What is a lasting power of attorney for Health and Welfare?
A Health and Welfare LPA is a legal document that allows the Attorney to make decisions on behalf of the donor regarding health and welfare matters, such as medical treatment and the provision of care, including life sustaining treatment. It would also cover day to day matters such as diet and routine.
Most people are anxious to ensure that their property and finances are looked after, but often put off making a health and welfare LPA for another occasion. If someone does not have a health and welfare LPA and you lose the capacity to make decisions for yourself, a family member will be faced with applying to the Court of Protection for a Deputyship order. This could also result in Social Services becoming involved in decisions as to where you should live and what care you require, meaning your wishes could be gone against.
Why should a Health and Welfare LPA be put in place?
- Keep control – By signing a Health and Welfare LPA you can appoint someone of your choosing to make medical and care decisions for you, and the power is taken away from other individuals such as; Social workers and Doctors.
- Protect your best interests – If you are unable to make medical and care decisions for yourself, your Attorney is there to act in your best interests, taking into account all that they know or you have communicated to them about your feelings, wishes and beliefs.
- Avoid Conflict – This is in the instance that there is a disagreement amongst family members.
- Save money and time – If you do not have a Health and Welfare LPA appointed, an application to the court of protection can be required to make decisions. This is an expensive and time-consuming process.
- Be prepared – By creating a legal document, you can have some certainty over what would happen to your healthcare should you reach a stage where you can no longer make independent decisions.
Larcomes Solicitors
Our specialist private client team at Larcomes Solicitors can give you accessible, cost effective and expert legal advice and guidance regarding all forms of Lasting Power of Attorney and Court of Protection services. We will be happy to speak with you regarding all areas of LPA and the law surround the mental capacity act. We will work for you and your family to find the right solution tailored to your situation.
To discuss our services regarding Lasting Powers of Attorney, call our private client team on 023 9244 8100 or make an online enquiry.
Our experienced Solicitors will work with you to assess your individual needs and guide you through the best possible Health and Welfare options for you and your family.
Please note that this article is not intended as legal or professional advice, it is for general guidance only and updates to the law may have changed since it was published.