LPAs
An LPA is a legal document that lets you (the ‘donor’) appoint one of more people (known as ‘attorneys’) to make decisions on your behalf.
In the unfortunate event of you having an accident or sustaining an illness rendering you unable to make decisions at the time (i.e. you ‘lack mental capacity’), having registered finance and health lasting powers of attorney allows your attorneys to act in your best interests and to make decisions on your behalf.
There are two types of lasting powers of attorney (lpa)
- Health and Welfare (‘health lpa’); and
- Property and Financial Affairs (‘finance lpa’)
You can choose to make one type of lpa or both. Generally, it is advisable to have both lpas registered as these last for your lifetime or until you decide to change your attorneys. In such a case , your lpas can be cancelled immediately by contacting the Office of the Public Guardian.
Your Health LPA will give an attorney the power to make decisions about things like:
- Your daily routine, including for example, washing, dressing and eating; who can contact you, where should you live
- Medical care;
- Moving into a care home; and
- Life-sustaining treatment
It can only be used when you are unable to make decisions.
It is worth bearing in mind that there is NO automatic legal right for your loved ones or friends to make medical and ‘best interest’ decisions on your behalf. There is a common myth that a next-of-kin would automatically have some right. This is simply not true. Registering a health lpa allows you to consider in advance of incapacity who you would like to manage your medical and care decisions for you, thereby forcing the medical and social workers to consult with your appointed attorney/s.
One of the main considerations in having a lpa in place is to avoid potential family conflict from arising. This situation can become particularly difficult if there are blended families and a number of family members who believe that they are entitled to make decisions on your behalf. In the case of a stalemate then social services can be called in to make the final decision regarding your well-being.
Failing to have a health lpa in place could result in an application to the Court of Protection whi may then appoint a Deputy to make decisions for you.