Lasting Power of Attorney: Health & Welfare
Do you have a Lasting Power of Attorney: Health & Welfare?
The Lasting Power of Attorney for Health and Welfare (LPA HW), was a new concept and an application form for one was created in 2007. But it was perhaps seen as less important than preparing a Lasting Power of Attorney for Property and Finance.
It has however over recent years, become more significant as more and more medical practitioners and social workers are asking families if their ailing loved one has such an LPA in place.
What is a Lasting Power of Attorney Health & Welfare?
The LPA HW allows attorneys, chosen by the donor (the maker of the LPA), to have the power to make health and care decisions on the donor’s behalf. For example:
- Giving or refusing consent to health care
- Staying in your own home and getting help and support from social services
- Moving into residential care and finding a good care home
- Day-to-day matters such as choosing diet, dress or daily routine
One particular important decision has its own section in a Health and Welfare LPA. A donor can choose whether the attorneys or doctors should make decisions about accepting or refusing medical treatment to keep the donor alive.
These decisions can only be made when the donor does not have capacity.
Being a Health and Welfare Attorney
For someone to make a good Health and Welfare Attorney, they really need to know you; to understand what you want and what is important to you. You should be prepared to discuss medical issues at length and be open about your fears and concerns with any attorney that may be appointed: this may be difficult.
The benefit that an attorney has over any informal discussions you may have had, is that they can weigh up the circumstances. For example;
- You may not want to be resuscitated with a serious illness; but if you had a life expectation of two years with cancer, you would probably want to be resuscitated.
- If you had an accident, you might want to be resuscitated to say your final goodbyes to someone important who was rushing to see you.
It would be impossible to cover every eventuality, but the right attorney would have an understanding of your wishes.
The medical profession can change their approach once they are aware of a Lasting Power of Attorney Health & Welfare. Without this document, it may not be possible for your wishes to be known.
When should a Lasting Power of Attorney Health & Welfare Be Made?
A Lasting Power of Attorney Health & Welfare should be made now, given that there there is a registration period of approximately 12 weeks, which could hinder any medical decision if required urgently.
It is also too late to prepare one if you have lost capacity. The alternative would be to apply for a Deputyship Order for Health and Welfare. This is often cumbersome and expensive and notoriously difficult to obtain.
If you require more information and assistance regarding a Health and Welfare LPA, please do not hesitate to contact me, Sara Hilliard on 01332 364436 or at s.hilliard@timms-law.com.