As we navigate through life, it’s natural to plan for the future, considering not only our financial security but also our health and personal wellbeing. While many people are familiar with making a Will to safeguard their estate and ensure that their loved ones are taken care of, fewer are aware of the importance of planning for their health and welfare decisions. This is where a Health and Welfare Lasting Power of Attorney (LPA) comes into play and in this article, we discuss the subject in more detail
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For a free initial discussion on how we can help you deal with the legal implications of creating a Health and Welfare 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.
What is a Health and Welfare Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that enables you to appoint someone you trust (your ‘attorney’) to make decisions on your behalf if you lose mental capacity. There are two types of LPAs: one concerning property and financial affairs, and the other concerning health and welfare. A Health and Welfare LPA allows your chosen attorney to make decisions about your personal health and welfare if you are unable to do so.
These decisions can include:
- Where you should live (for example, whether you should move into a care home)
- Your medical treatment (including decisions about life-sustaining treatment)
- Your day-to-day care, such as your diet, routine, and personal care
- Access to your medical records
The key point to remember is that a Health and Welfare LPA only comes into effect if you are deemed to lack mental capacity. This means that as long as you are capable of making your own decisions, you will remain in control.
Why Do I Need a Health and Welfare LPA?
While we hope that we will remain mentally capable throughout our lives, the reality is that illnesses such as dementia, strokes, or sudden accidents can strike unexpectedly, rendering us unable to make our own decisions. Without a Health and Welfare LPA, even close family members or friends may not have the legal authority to make decisions on your behalf, leading to delays or disputes over what should be done in your best interests.
A Health and Welfare LPA ensures that someone you trust is legally empowered to step in and make crucial decisions when you are unable to do so. It offers peace of mind that your personal choices and wishes will be respected, even in difficult circumstances.
Here are some key reasons why you should consider setting up a Health and Welfare LPA:
- Control Over Your Future
One of the most significant benefits of a Health and Welfare LPA is that it enables you to retain control over your future, even if you lose mental capacity. You can outline your preferences and instructions in the document, ensuring that your attorney makes decisions in line with your values and beliefs.
- Avoiding Family Disputes
In the absence of an LPA, family members may disagree on what they believe is best for you. By appointing an attorney and setting clear instructions in a Health and Welfare LPA, you can reduce the potential for family conflicts, ensuring that your attorney is the one making decisions based on your expressed wishes.
- Timely Decisions
If you lose mental capacity and do not have an LPA in place, your loved ones may need to apply to the Court of Protection to become a deputy to make decisions on your behalf. This can be a lengthy and costly process. By having a Health and Welfare LPA in place, decisions can be made promptly when necessary.
- Ensuring Medical Wishes Are Followed
A Health and Welfare LPA allows you to specify your preferences regarding medical treatment, including decisions about life-sustaining treatment. You can make it clear whether you would like to receive, refuse, or withdraw certain types of medical intervention, ensuring that your personal choices are respected.
Who Can Be My Attorney?
You can choose one or more people to act as your attorney(s), and they must be at least 18 years old. Most people select close family members or trusted friends, but you can also appoint a professional, such as a solicitor. It is essential to choose someone you trust implicitly, as they will be making important decisions regarding your health and welfare.
You should consider whether your attorney is:
- Capable of making decisions under pressure
- Able to communicate effectively with medical professionals
- Likely to respect your wishes, values, and beliefs
- Willing to take on the responsibility
If you appoint more than one attorney, you can decide whether they should act together (jointly), independently (jointly and severally), or a mixture of both, depending on the type of decision.
How is Mental Capacity Assessed?
Mental capacity refers to a person’s ability to make a decision at a specific time. For the LPA to come into effect, you must be assessed as lacking mental capacity. This is typically determined by medical professionals, such as your GP, who will assess whether you can understand, retain, weigh up, and communicate decisions.
Mental capacity can fluctuate over time, meaning that you may lose and regain capacity in different situations. Your attorney will only make decisions for you when you are assessed as lacking the mental capacity to do so yourself.
What is the Process of Setting Up a Health and Welfare LPA?
At Blackstone Solicitors, we are here to guide you through the process of setting up a Health and Welfare LPA. Here is an overview of the steps involved:
- Choose Your Attorney(s)
The first step is to decide who you would like to act as your attorney. You can also name replacement attorneys in case your original choices are unable to act when needed.
- Complete the LPA Form
You will need to complete the Health and Welfare LPA form, which includes providing details of your attorneys, your preferences, and any specific instructions. We can assist you in ensuring that the form is completed accurately and that your wishes are clearly expressed.
- Certificate Provider
A certificate provider is someone who confirms that you understand the LPA and are not being pressured into making it. The certificate provider can be someone who has known you for at least two years or a professional such as a solicitor.
- Register the LPA
Once the form is completed and signed by all parties, it must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration process can take several weeks, so it’s advisable to set up your LPA well in advance of when it might be needed.
Conclusion
A Health and Welfare LPA is an essential legal tool that ensures your personal wishes are respected, even if you lose the ability to make decisions for yourself. Whether it’s choosing where you live, what medical treatment you receive, or other important aspects of your welfare, having an LPA in place gives you control over your future. At Blackstone Solicitors, we are here to help you navigate this important decision, ensuring that your health and welfare are protected in the years to come.
If you would like to learn more or start the process of creating a Health and Welfare LPA, please do not hesitate to contact our expert team today.
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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