Lasting Powers of Attorney

If you are concerned as to what would happen if you lost mental capacity and who would make decisions on your behalf, then you should consider making Lasting Powers of Attorney to cover both property and financial decisions and also health and welfare decisions. These documents are invaluable if you do not have capacity to make decisions for yourself. They should be thought of as an insurance policy for the future.

Historically the number of Health & Welfare LPAs registered at the Office of the Public Guardian being relatively low compared to the number of Property & Financial LPAs. But a Health & Welfare LPA can be equally important.

A Health & Welfare LPA appoints chosen individuals, to make any health and welfare decisions on your behalf. This document would only be used if you did not have the requisite mental capacity to deal with these decisions yourself. This is in contrast to the Property & Financial LPA which can be used even if you do have capacity. The Health & Welfare LPA includes a general authority for the Attorneys, but also a specific authority as to whether they can make decisions on life sustaining treatment on your behalf. So this document covers a variety of situations where decisions may needed on where you live, how you are cared for, as well as end of life care.

If you would like advice on Lasting Powers of Attorney please contact a member of our Private Client team for a free half hour appointment. We are able to offer telephone and videoconference meetings to take instructions regarding any legal matter.