Before we delve into the relationship between living wills and Lasting Powers of Attorney (LPAs), let’s briefly recap what each is:
- Living Will: A living will is a legal document that expresses your wishes regarding end-of-life medical treatment. It allows you to specify whether or not you want to receive life-sustaining treatment in certain circumstances.
- Lasting Power of Attorney (LPA): An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs: Property and Financial Affairs LPAs and Health and Welfare LPAs.
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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, 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.
The Relationship Between Living Wills and LPAs
While living wills and LPAs are related, they serve different purposes. A living will expresses your wishes regarding end-of-life medical treatment, while an LPA allows you to appoint someone to make decisions on your behalf.
The Role of the LPA Attorney
If you have a Health and Welfare LPA in place, your appointed attorney can make decisions about your health and welfare, including decisions about life-sustaining treatment. However, your attorney’s decisions must be made in your best interests and in accordance with your wishes as expressed in your living will.
The Priority of a Living Will
In general, a living will takes precedence over an LPA when it comes to decisions about end-of-life medical treatment. This means that if you have a living will that clearly expresses your wishes regarding life-sustaining treatment, your LPA attorney must follow those wishes.
However, there are some exceptions to this rule:
- If the living will is ambiguous or contradictory: If your living will is unclear or inconsistent, your LPA attorney may need to make decisions based on other factors, such as your best interests and your previously expressed wishes.
- If the living will is out of date: If your living will was created many years ago and no longer reflects your current wishes, it may not be given the same weight as a more recent document.
- If the living will is not available: If your living will cannot be found, your LPA attorney may need to make decisions based on other factors, such as your previously expressed wishes or what they believe is in your best interests.
Important Considerations
When creating a living will and an LPA, it is important to consider the following:
- Consistency: Ensure that your living will and LPA are consistent with each other. If you have any doubts, consult with a legal professional.
- Clarity: Make sure that your living will is clear and unambiguous. Avoid using vague or ambiguous language.
- Regular Review: Review your living will and LPA regularly to ensure that they still reflect your wishes.
- Legal Advice: It is recommended to seek legal advice when creating a living will and an LPA. A legal professional can help you ensure that your documents are legally valid and enforceable.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. 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. 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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