What Are The Benefits Of A Health & Welfare Lasting Power Of Attorney?
In her latest blog, Wills & Probate Solicitor, Anna Bradley discusses the benefits of a Health and Welfare Lasting Power of Attorney….
What is a Health and Welfare Lasting Power of Attorney?
It is a legal document where a person ‘donor’ appoints people of their choosing called ‘attorneys’ to make decisions for them when they are mentally incapacitated in relation to their health and welfare.
Unlike a Property and Affairs Lasting Power of Attorney (LPA) which can be used by donors when the donor still has their mental capacity, Health and Welfare Decisions may include: –
• The donor’s daily routine, such as washing, dressing and eating
• Medical care
• Surgery, including receiving blood products
• Where the donor lives and whom they see
To maintain or improve the donor’s quality of life, by using their money: –
• For clothes or hairdressing
• Decorating their home or room in a care home
• Paying for extra support so the donor can go out more, to see friends and family
• Arranging social care
Life Sustaining Treatment
The Health and Welfare LPA can extend to all or specified matters concerning the donor’s health and welfare, such as giving or refusing consent to medical treatment.
When the donor makes the document, they must choose whether to give their attorneys authority to give or refuse consent to life sustaining treatment.
Life sustaining treatment is defined in section 4 (10) of the MCA 2005 as;
‘treatment that in the view of the person providing health care is necessary to sustain life’.
• The attorney does not have authority to authorise euthanasia
• Or assist in the donor’s suicide, which remains a criminal offence
• The attorney cannot demand medical treatment be given
• Nor make a Will for the donor
An attorney should always check (section 7) of the Lasting Power of Attorney document for instructions (they must follow) and preferences (your wishes), which the donor will have given for them.
It is recommended that donors not only make their wishes clear to their attorneys, but the donor and/or the attorneys show the Health and Welfare document to any medical practitioner involved in their care, such as;
• Show the LPA to care staff
• GP’s and Doctors
• Social care workers
If a donor has also made a Living Will (which states what medical treatment they don’t want), they need to make sure this legal document does not conflict with the LPA document. They should also make sure their attorneys are aware of the content of both and any medical professionals involved in their care.
A Health & Welfare LPA is a useful legal tool, which when prepared ahead of a time, when needed, will make it clear to your attorneys what your wishes are in relation to how you live and your medical care, when you cannot decide.
I am happy to provide further information and guidance on how to make an LPA document, and can be contacted at a.bradley@timms-law.com or on 01283 214 231.
Anna Bradley
January 2021