Why do I need a Health and Welfare LPA?

As many people are aware Lasting Powers of Attorney allow someone of your choice to act with legal authority on your behalf and  to make decisions if you should ever become unable to do so yourself. But why is it so important to opt for a Health and Welfare power as well as Property and Finance?

A Health and Welfare Power of Attorney, unlike a Power for Property and Finance, is only able to be exercised if you lose capacity and are unable to make the decision yourself. Whilst you are compos mentis, or in other words still able to decide for yourself, nobody else can make a decision on your behalf.

Your appointed Attorney(s) will be able to make decisions for you from what you eat, wear and who can visit as well as making sure you receive the correct level or medical and health care.

When would you need a Health and Welfare LPA?

There are several occasions when you or your loved ones may be asked if you have a Health and Welfare LPA. Some of these occasions include:-

• If you want to give your attorney the consent to or refuse for you to receive life sustaining treatment
• If your health is likely to deteriorate progressively and you wish to appoint someone to make decisions regarding continued medical and health care etc.
• If you feel your loved ones may argue about what is best for your
• If you would like someone to decide where you live whether at home or a residential care home and if in a care home which one

What would happen if you didn’t have a Health and Welfare LPA?

If you didn’t have a LPA in place to deal with your Health and Welfare issues you are at a high risk of having strangers make decisions for you on your behalf. Your family and friends would have no power to stop them. Other examples to name a few are:-

• You may be resuscitated against your wishes
• Only your legal next of kin would be consulted
• Social Services could make decisions about where your live and the care you require
• The Court of Protection may have to become involved with decision making which can be very expensive

Having a Health and Welfare Lasting Power of Attorney in place it does not by any means mean that you are ceasing control of being able to make your own decisions. By granting your Attorneys the power to act in your best interests upon loss of capacity you are appointing your loved ones or friends to decide with you and help come to the best possible conclusion regarding your Health and Welfare affairs.

If you would like advice in respect of your LPA please contact a member of our specialist team today on 0800 015 0340 to arrange an appointment at any of our offices across West Yorkshire.