Lasting Powers of Attorney (LPA) have been around since 2007. They are legal tools that enable a person (called a donor) to appoint people (called attorneys) to make decisions on their behalf should they lose or start to lose their mental capacity.

Many people are familiar with the Property and Financial Affairs LPA; they bear similar resemblance to the former Enduring Power of Attorney. However, few people are aware of the Health & Welfare LPA or understand its importance.

Health and Welfare LPA – What It Does

A Health and Welfare LPA enables an attorney to make decisions about a donors general welfare and medical treatment. Some of the decisions an attorney can make include:

• Where a donor is cared for such as in their home or at a care home
• The day to day care of a donor ie. their clothing, what they eat, who visits them etc. if they live at home
• Taking a donor on holiday or choosing their social and cultural activities
• The medical treatment a donor may receive
• Refusing or giving consent to life sustaining treatment if this has been specifically requested by the donor.

Make It A Priority

Health and Welfare LPAs should be seen as a priority. It is a common misconception that should a person lose their mental capacity, their ìnext of kinî would be able to make decisions for them. This is simply not the case. The description, ìnext of kinî has no basis in law. The result can be that loved ones are excluded from important decisions should a family member become mentally incapable and go into hospital. This can also create family conflict as not everyone may agree on decisions being made.

Taking Control

The donor of a Health and Welfare LPA can control the decisions made on their behalf by choosing people they trust to act as their attorneys in the event they start to lose their mental capacity.

An attorney is unlikely to make any health and welfare decisions independently as input from other medical and health professionals such as social care workers is likely. They too will be making decisions they believe are in the best interests of the donor.

It is extremely important to have a Health and Welfare LPA in place so that a chosen attorney can make decisions on behalf of a donor in line with their wishes.

By Rachel Adetitun

For more information on Health and Welfare LPAs, please contact us on 020 8537 3448 or send an email to lpa@ashtongrace.co.uk

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Ashton Grace ñ specialists in Wills & Estate Planning