Setting Up A Health and Welfare Lasting Power of Attorney

At Blackstone Solicitors, we understand the importance of planning for the future. One of the most crucial aspects of this planning is ensuring that your health and welfare decisions will be made according to your wishes, even if you become unable to make those decisions yourself. A Health and Welfare Lasting Power of Attorney (LPA) is a legal document that empowers someone you trust to make these decisions on your behalf.

Contact us today and we can talk you through our services and how we can help you and your family. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will give you a call back as soon as possible.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

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– Paul

Our Services

We can provide help with a wide range of matters relating to Succession Planning, including:

We have partners we work closely with that can advise upon:

Tax Planning including advising on capital gains tax and income tax for individuals, businesses, landed estates, professionals, entrepreneurs and advice on matters including business relief, exemptions and retirement planning.

What Is a Health and Welfare Lasting Power of Attorney?

A Health and Welfare Power of Attorney is a legal document that allows you (the “donor”) to appoint one or more individuals (the “attorneys”) to make decisions about your health and personal welfare if you lose the capacity to do so. This type of LPA only comes into effect when you are no longer able to make decisions yourself, such as in cases of dementia, severe illness, or an accident.

The decisions your attorney(s) can make under a Health and Welfare LPA include:

Medical Treatment: Your attorney can consent to or refuse medical treatment on your behalf, including decisions about life-sustaining treatment if you have expressly given them this power.
Care and Living Arrangements: Your attorney can decide where you should live, such as whether you should move into a care home or receive care at home, and what type of care you should receive.
Daily Routine: Decisions about your daily routine, such as what you eat, how you dress, and your personal care, can also be made by your attorney.
Social Activities: Your attorney can make decisions about your social life, including who can visit you and what activities you engage in.

Why Is a Health and Welfare LPA Important?

A Health and Welfare LPA is a vital tool for ensuring that your personal preferences and best interests are upheld when you are unable to advocate for yourself. Without an LPA in place, your loved ones may face significant challenges in making decisions on your behalf, and in some cases, may need to apply to the Court of Protection for the authority to act, which can be a lengthy and stressful process.

There are several key reasons to consider setting up a Health and Welfare LPA:

Peace of Mind

Creating a Health and Welfare LPA provides peace of mind, knowing that your health and personal welfare will be managed by someone you trust. You can also specify your wishes regarding specific treatments or care arrangements in the LPA, ensuring that your preferences are respected even if you are unable to communicate them.

Avoiding Family Disputes

In the absence of a Health and Welfare LPA, disagreements may arise among family members about the best course of action for your care. By appointing an attorney, you can minimise the risk of conflict and ensure that your wishes are followed.

Control and Flexibility

A Health and Welfare LPA gives you control over who makes decisions on your behalf and how those decisions are made. You can appoint more than one attorney and specify whether they must act jointly (together) or jointly and severally (independently). You can also outline any specific instructions or preferences in the LPA, giving you a say in how your care and welfare are managed.

How to Set Up a Health and Welfare LPA

Setting up a Health and Welfare LPA involves several steps, and it is advisable to seek legal advice to ensure the process is completed correctly and in accordance with your wishes.

Choosing Your Attorney(s)

The first step in setting up a Health and Welfare LPA is selecting your attorney(s). Your attorney should be someone you trust to make decisions in your best interests, such as a close family member, friend, or professional adviser. You can appoint multiple attorneys and decide whether they should act together or independently. It is also wise to appoint a replacement attorney, who can step in if your original attorney is unable or unwilling to act.

Completing the LPA Form

To create a Health and Welfare LPA, you must complete the appropriate form provided by the Office of the Public Guardian (OPG). The form requires you to provide details about your chosen attorney(s), your preferences and instructions, and any individuals you wish to notify about the LPA.

The form must be signed by you, your attorney(s), and a certificate provider. The certificate provider is an independent person who confirms that you understand the LPA and are not under any pressure to create it. The certificate provider can be a solicitor, a doctor, or someone who has known you for at least two years.

Registering the LPA

Once the LPA form is completed, it must be registered with the Office of the Public Guardian before it can be used. The registration process typically takes 8 to 10 weeks, and there is a registration fee to be paid. It is important to register the LPA as soon as it is completed, rather than waiting until it is needed, to avoid delays in the future.

Storing the LPA Safely

After the LPA is registered, it is essential to store the original document safely and inform your attorney(s) and any other relevant parties where it is kept. You may also wish to provide your attorney(s) with a certified copy of the LPA for their records.

What Happens If You Don’t Have a Health and Welfare LPA?

If you do not have a Health and Welfare LPA in place and lose the capacity to make decisions, your loved ones may need to apply to the Court of Protection to become a deputy. This process can be time-consuming, costly, and stressful for your family. Additionally, the court may appoint someone to make decisions on your behalf who may not be the person you would have chosen.

Our Approach

We are 100% committed to ensuring each and every one of our clients receives the highest quality service and we will go the extra mile to ensure that you are happy with the results gained. We understand it can be particularly difficult to deal with matters relating to death and inheritance, and this is why our friendly and approachable team always take a sympathetic and understanding approach, ensuring that you receive the support you need.

We believe communication is of the utmost importance. We will therefore keep you updated as things develop and our solicitors will provide practical, straightforward legal advice so that you can be confident everything is progressing as you would like.

Get in Touch

Contact us today to discuss any matter relating to Succession Planning. We can talk about your situation in depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable, professional and vastly experienced. We will do everything in our power to help you get the outcome you need. Call us on 0345 901 0445 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.