If you’re exploring ways to ensure your wishes are respected and your affairs are managed properly in the future, you may have come across two important legal tools: a Living Will and a Lasting Power of Attorney (LPA). At Blackstone Solicitors, we understand that navigating these options can be complex, and we’re here to provide clear, straightforward information to help you make informed decisions.
In this article, we’ll break down the key differences between a Living Will and a Lasting Power of Attorney, explain their purposes, and guide you through how they might fit into your broader estate planning strategy.
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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney and a Living Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is a Living Will?
A Living Will is a legal document that specifies your wishes regarding medical treatment and care if you become incapacitated and unable to communicate your preferences yourself. It’s a proactive way to ensure that your medical treatment aligns with your values and desires, even if you’re unable to voice them.
Key Features of a Living Will:
- Scope: A Living Will focuses solely on medical decisions. It details what kind of medical treatment you do or do not want in certain situations, such as if you’re terminally ill or in a persistent vegetative state.
- Activation: It comes into effect only when you are unable to make or communicate decisions yourself. This typically occurs in scenarios involving serious illness or injury where you are no longer conscious or capable of making informed decisions.
- Flexibility: It allows you to specify particular treatments or procedures you wish to refuse or accept, such as resuscitation, artificial nutrition, or hydration.
- Legal Status: Although a Living Will provides clear guidance for healthcare providers, it does not appoint someone to make decisions on your behalf. It is a set of instructions rather than a decision-making mechanism.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that appoints one or more individuals to make decisions on your behalf if you become unable to do so yourself. There are two main types of LPAs, each serving different purposes:
- LPA for Property and Financial Affairs: This type allows your appointed attorney to manage your financial matters. This could include managing bank accounts, paying bills, handling investments, and dealing with property.
- LPA for Health and Welfare: This type allows your appointed attorney to make decisions about your healthcare and personal welfare. This can include choices about medical treatment, living arrangements, and day-to-day care.
Key Features of an LPA:
- Scope: LPAs provide broader authority compared to Living Wills. They cover both financial matters and personal welfare, depending on the type of LPA.
- Activation: LPAs can be activated either immediately or upon the onset of mental incapacity, as specified in the document. This means that an LPA can be used even if you are still able to make decisions, provided you have chosen this arrangement.
- Flexibility: You can appoint one or more attorneys and specify whether they should act jointly or separately. You can also include instructions or preferences for how decisions should be made.
- Legal Status: An LPA appoints someone to make decisions on your behalf, giving them legal authority to act in your best interests. This can be crucial if you lose the capacity to make decisions yourself.
Comparing Living Will and Lasting Power of Attorney
While both Living Wills and LPAs are tools designed to manage your affairs if you become incapacitated, they serve different functions and complement each other in important ways. Here’s a comparison to help clarify their roles:
- Purpose and Scope
- Living Will: Focuses exclusively on medical treatment preferences. It provides a set of instructions for healthcare providers to follow when you cannot communicate your wishes. It does not address financial matters.
- LPA: Covers a broader range of decisions, including both medical and financial aspects. An LPA for Health and Welfare manages healthcare decisions, while an LPA for Property and Financial Affairs deals with financial matters.
- Activation
- Living Will: Activates only in the event of serious illness or injury that renders you unable to make decisions about your treatment. It does not become active until you lose the capacity to make your own decisions.
- LPA: Can be activated either immediately upon registration or only upon the onset of incapacity, depending on your preferences. This means LPAs can be useful in a variety of scenarios, including managing finances while you are still capable.
- Decision-Making Authority
- Living Will: Provides specific instructions but does not appoint an individual to make decisions on your behalf. It relies on healthcare professionals to follow your pre-stated wishes.
- LPA: Appoints one or more individuals to make decisions on your behalf. These attorneys have legal authority to act in your best interests, and their decisions should align with any preferences or instructions you’ve outlined in the LPA.
- Flexibility and Customisation
- Living Will: Typically involves setting out specific instructions for medical treatments. It may be less flexible in terms of changing circumstances as it does not appoint someone to adapt to new situations.
- LPA: Allows for more flexible decision-making. You can choose your attorneys, set specific instructions, and update the LPA as needed to reflect changing circumstances or preferences.
How to Implement Both Tools in Your Estate Planning
Incorporating both a Living Will and LPAs into your estate planning can provide comprehensive coverage for different aspects of your life:
- Create a Living Will: Draft a document that clearly outlines your preferences for medical treatment. Ensure that it is detailed and specific to avoid ambiguity.
- Establish LPAs: Set up both types of LPAs to cover both financial and healthcare decisions. Appoint individuals you trust and consider including specific instructions for their actions.
- Review and Update: Regularly review and update both your Living Will and LPAs to ensure they reflect your current wishes and circumstances. Major life changes, such as marriage, divorce, or significant health issues, may require updates.
- Consult Professionals: Work with a legal professional to ensure that your documents are correctly drafted and legally binding. This can help avoid potential issues and ensure that your wishes are properly executed.
Conclusion
Understanding the difference between a Living Will and a Lasting Power of Attorney is crucial for effective estate planning. A Living Will provides clear instructions for medical treatment, while an LPA appoints individuals to manage both financial and personal welfare decisions on your behalf. By combining these tools, you can create a comprehensive plan that ensures your wishes are respected and your affairs are managed according to your preferences.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney and a Living Will. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney and a living Will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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