A Guide to Health and Welfare Lasting Powers of Attorney

2 June 2021

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a document that enables you to appoint another person (or persons) to make important decisions on your behalf, in the event you lose the mental capacity to understand information and make decisions for yourself.

The person making the Lasting Power of Attorney is known as the ‘donor’ and the person (or persons) appointed to make decisions on their behalf are known as the ‘attorneys’.

There are two types of Lasting Power of Attorney:

  • Property and Financial
  • Health and Welfare

This article will focus on Health and Welfare Lasting Powers of Attorney; however, if you are interested in finding out more about Property and Financial Lasting Powers of Attorney, please click here.

At Redkite Solicitors we advise everyone to make a LPA. When making a Lasting Power of Attorney, you can choose if you would like to complete either a Health and Welfare Power of Attorney, a Property and Financial Power of Attorney, or both to ensure you have all scenarios covered in the event you are unable to make any decisions for yourself.

What decisions can be made on my behalf?

You will continue to make any and all decisions for yourself whilst you have the mental capacity to do so. Your attorney(s) will only be able to make any decisions regarding your health and welfare when you become incapable of making those important decisions for yourself.

The types of decisions that your attorney(s) can make on your behalf when you have a Health and Welfare Lasting Power of Attorney include:-

  • Medical treatment and life sustaining treatment;
  • Where you live and how you are cared for;
  • Day to day care such as diet and routine.

Health and Welfare Lasting Powers of Attorney (also known as LPAs) also allow you to include your wishes or specific instructions with regard to medical treatment should you want to.

Why should I make an LPA for Health and Welfare?

Making a Lasting Power of Attorney whilst you have full mental capacity to do so is extremely important. If you lose capacity and do not have an LPA in place, your loved ones may be faced with an application to the Court of Protection, which is a very costly and lengthy process.

Many people believe that their ‘next of kin’ will be able to make decisions for them if they lose mental capacity however, ‘next of kin’ do not have any binding influence on medical professional’s decision-making. An Attorney appointed officially with a Health and Welfare Lasting Power of Attorney; however, has far more influence and is able to challenge any decisions made by the medical professionals if they do not agree with it.

How do I make a Health and Welfare Lasting Power of Attorney?

Contact our specialist Wills and Probate team today to discuss making your LPA or LPAs. We will complete all of the necessary forms and arrange for them to be registered with the Office of the Public Guardian as required.

To find your nearest high street office visit our website by clicking here. Alternatively call us today on 03330 144 455 or email us on enquiries@redkitelaw.co.uk and one of our expert team members will get in touch to discuss your requirements.

This article was written for Redkite Solicitors by Becky Scourfield, a Trainee Solicitor with Redkite who has a wealth of experience in assisting on all types of enquiries relating to Wills, Probates, Lasting Powers of Attorney and Trusts.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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