Why You Need a Health & Welfare LPA

Greater emphasis is often placed on the financial implications of not having a Property and Finance Lasting Power of Attorney (LPA). However, understanding the benefits of making a Health and Welfare LPA is just as important.

Whilst both types of LPA allow individuals to give someone they trust the ability to make decisions, the reasons for having a Health and Welfare LPA may not be obvious. A Health and Welfare one is sometimes considered twice the effort and expense without tangible benefits.

So, why do you need a Health and Welfare LPA?

Common Misconceptions

Next of kin can make health decisions without an LPA

Legally, next of kin has no automatic right to decide how their relatives are treated. If individuals can’t determine for themselves, their doctor is entitled to do whatever is in their best interests. For example, this could mean a person is resuscitated against their wishes.

LPA’s can be set up at any time

A Health and Welfare LPA can only be used if a person (18 and over) has lost the mental capacity to make decisions. If you lose mental capacity without an LPA, an application must be made to the Court of Protection for a Deputyship Order. This process and the role’s responsibility are time-consuming and stressful.

LPA’s are for older people

Mental capacity can be lost anytime for many reasons, including accidents, mental illness, stroke or dementia. Incapacity can also be temporary. So, LPAs are just as important for families and younger people as for older adults.

Once made, Attorneys are in control

An Attorney is only given authority to act when the person can’t do so themselves. Also, it’s important to note that an Attorney’s decisions depend on what is included in the LPA and can be restricted. So, an Attorney can only consent to or refuse life-sustaining treatment on a person’s behalf if this is expressly stated.

Remember, a healthcare and welfare Attorney can’t make decisions about finances, business affairs or property matters.  They can choose a care home, but they can’t organise payments.  This is the responsibility of the person selected as an Attorney under a separate Property and Financial Affairs LPA.

An Attorney’s duty, as far as possible, is to help an individual make decisions. The law clearly states that assumptions about lack of capacity cannot be based on age, appearance, or condition. It may be that a person is incapable of making one kind of decision, but this does not automatically mean they can’t make others. Each situation must be assessed on a case-by-case basis.

Our Advice

We strongly believe that you shouldn’t put off looking after your future interests. Unfortunately, accidents can happen, and illnesses such as Alzheimer’s can quickly take over your mental capacity.

Our lawyers are very experienced at helping clients through the process of making LPAs. We can advise you about choosing Attorneys, talk you through the types of decisions that might be required if you lose mental capacity, and explain how you can ensure your Attorneys understand what you want. We’ll also make sure the process is completed correctly and is legally valid.

You can get an instant online quotation here for an idea of how much we charge. Alternatively, please contact us if you need help setting up LPAs. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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