Lasting Power of Attorney for Health and Welfare

by Aug 15, 2021News

What is a Lasting Power of Attorney for Health and Welfare?

The Lasting Power of Attorney for Health and Welfare covers decisions around your own personal welfare and health. Unlike the Lasting Power of Attorney for Property and Financial Affairs, this can only be used once you have lost mental capacity.

This Lasting Power of Attorney (LPA) will allow your Attorney to:

  • Make decisions on where you live – this can include type and location for care homes
  • Consent to or refuse any medical treatment
  • Organise any care needed for you – medical, dental or optical
  • Make decisions on your day to day care
  • Decide on your diet and clothing
  • It is also possible to allow your Attorneys the right to make decisions around life sustaining treatment

Within the LPA, you are able to set preferences that you would like to make your Attorneys aware of. These are non-legally binding wishes and can include things such as:

  • “I would like to keep my pets with me for as long as possible.”
  • “I prefer to live within 5 miles of my daughter (NAME).”

It is also possible to set out instructions, which are legally binding and must be followed by your Attorneys. This can include things such as:

  • “My Attorneys must ensure that I am only ever given vegan food.”
  • “My Attorneys must not decide that I am to move in to residential care unless, in my doctor’s opinion, I can no longer live independently.”

It is important to seek advice before including instructions in your LPA as they could become restrictive for your Attorneys if not written clearly.

If mental capacity is lost and you do not have your Health and Welfare LPA in place, no-one automatically has the authority to act for you, not even your spouse or children. This could lead to other people, such as social services or doctors, making choices that you wouldn’t have wanted and can often cause disagreements between loved ones about what is best for you.

The consequences of not having your LPA for Health and Welfare:

  • Social Services can decide where you live
  • You may be resuscitated against your wishes
  • The type of care you receive will be decided for you

If mental capacity is lost and there is no LPA in place, a loved one can apply to the Court of Protection for Deputyship in order to make decisions on your behalf. This process often takes six months or more, is a very costly process and may not result in the Deputy having as much freedom to make decisions. It is, therefore, much more cheaper and effective to have an LPA in place instead.

If you have any questions or would like to discuss making your Lasting Power of Attorney for Property and Financial Affairs, please feel free to contact us on 01953 711950 or book an informal chat using our calendar link: https://calendly.com/tlaw-admin