Lasting Powers of Attorney – Health and Welfare
Today we were contacted by a lady who is self-isolating due to underlying health conditions. She desperately wants to put in place a Lasting Power of Attorney for Health and Welfare and asked if Pickerings Solicitors could help?
We can indeed! We can take instructions from you remotely. Call us on 01827 317070 for details.
COVID-19/ Coronavirus has led many people to think about what might happen to them if they are unable to take health and welfare decisions for themselves due to incapacity. Lots of people have a Lasting Power of Attorney (LPA) in place to cover financial affairs, but relatively few have an LPA for Health and Welfare.
What is a Health and Welfare LPA?
A Health and Welfare LPA can only be used when the donor (the person making the LPA) has lost mental capacity. It must be registered with the Office of the Public Guardian to be effective. It should be made well in advance because once you have lost mental capacity it is too late.
The LPA allows you to appoint an attorney or attorneys to make decisions on your behalf. These decisions can relate to medical care, whether to move into a care home, end of life decisions and even day to day matters such as washing, dressing, your diet, or visits to the dentist.
The LPA document will also set out whether the attorney can authorise or reject life sustaining treatment which is care, surgery, medicine or other help from doctors that’s needed to keep you alive.
Given the seriousness of the role, it is important to choose your attorney carefully.
What are the benefits of having a Health and Welfare LPA?
The LPA sets out clearly your wishes regarding health decisions. Once you have lost capacity, your attorney will be allowed to make decisions on your behalf. Your attorney and medical professionals are bound to act in your best interest in any event but having the LPA in place will give a clear statement of your wishes and ensure that the persons you have chosen will make those important decisions. The absence of an LPA can sometimes lead to family members having to make an application to Court in order to take action on your behalf which can be expensive, time consuming and distressing.
Whilst you are safely at home during the current crisis, you have the perfect opportunity to think about your future and put some plans in place.
A Health and Welfare LPA will give you peace of mind that, if your health should decline to the point that you need an attorney, your arrangements are in place.
If you would like more information, talk to our experienced team of solicitors on 01827 317070 or email them: Emma Harrison eharrison@pickerings-solicitors.com, Lucy Cooling lcooling@pickerings-solicitors.com or Ashley Latham alatham@pickerings-solicitors.com.
