Why Make a Health & Welfare Lasting Power of Attorney?

Many already understand the advantages of making Lasting Powers of Attorney for Property and Financial Affairs. However, more people are now also making Lasting Powers of Attorney for Health & Welfare….

Lasting Powers of Attorney (LPA) enable you to appoint people (attorneys) of your choice with legal authority to act and make decisions on your behalf in relation to your finances, health & welfare if you are unable to do so yourself i.e. because you lack mental capacity.

What is a Health & Welfare Lasting Power of Attorney?

A Lasting Power of Attorney for health & welfare enables you to choose who you would like to make medical, welfare and care decisions on your behalf, such as decisions about medical treatment, residential care, or where you should live. Many people mistakenly think that their “next of kin” have an automatic right to make these decisions without realising that if you cannot make these decisions yourself then, in the absence of an LPA for health & welfare the health care professionals have the final say and are legally entitled to do whatever they feel to be in your best interests.

Unlike an LPA for property and financial affairs, an LPA for Health &Welfare can only ever be used if you have lost the mental capacity to make decisions about your health and care for yourself.

When making a Lasting Power of Attorney for Health and Welfare, you can nominate someone you trust, and someone (an Attorney) who knows you and your wishes well, to take such decisions on your behalf. Your Attorney has a duty to make such decisions in your best interests. Their role is not to simply do what they think best, but rather to make a decision that they believe you would make if you were able to do so.

Without a Lasting Power of Attorney for Health and Welfare, decisions about life sustaining treatment and resuscitation could be made without anyone advocating for you and expressing what they know your wishes to be.

If there is a dispute, then the Court of Protection may need to get involved to make a decision but this can be costly and time consuming.

Ultimately, in the absence of a Lasting Power of Attorney for Health & Welfare you are at risk of having strangers make decisions about your health and care on your behalf as your family or other loved ones have no authority to do so.