Why Make a Lasting Power of Attorney for Health & Welfare?
Who really knows what I would want to happen next?
- The Doctor doesn't know, the Local Authority doesn't and neither does the Court of Protection
My family know...
Benefits of Lasting Power of Attorney for Health and Welfare
In Detail
Your money or your life?
When it comes to making decisions about our health and welfare, most people rely on their loved ones to know what they would want. But what if they can’t speak for themselves? In a sudden medical emergency, the doctor may not know, the local authority may not know, and the Court of Protection may not know either. This is where a Lasting Power of Attorney (LPA) for Health & Welfare comes into play.
The Importance of Having a Health & Welfare LPA
While many people understand the benefits of making a Lasting Power of Attorney (LPA) for Property and Financial Affairs, they tend to delay creating an LPA for Health & Welfare. But this is not the right approach. If you were unable to make decisions for yourself, what would concern you the most? Your home, food, or medical treatment? Or your financial security? In many cases, people have found themselves in a difficult position where they would have preferred their family to make decisions about their health and welfare, but social services or other professionals were in control instead.
Challenges with Decision Making
If a serious dispute arises about a decision made by these professionals or authorities, which goes against your wishes, your family would have to go through a costly and time-consuming process to apply for a Deputyship order from the Court of Protection. Unfortunately, the Court is unlikely to appoint a Deputy for health and welfare decisions and multiple applications may be necessary. Moreover, Health and Welfare Deputyship Orders are granted less frequently and many are rejected.
The Reassurance of an LPA Health & Welfare
Having a Health & Welfare LPA in place provides peace of mind that, in the event of an emergency, you have chosen someone you trust to make decisions on your behalf. The Mental Capacity Act gives decision makers the authority to make decisions about the care of those who lack capacity, but this often involves competing objectives, such as balancing the best interests of the patient with the cost considerations of providing that care. With a Health and Welfare LPA, your wishes are communicated to your attorneys, increasing the chances that they will be followed.
Act Now to Protect Your Future
The best time to make a Lasting Power of Attorney is now, while you still have mental capacity. Mental capacity can be lost at any time, and not having an LPA in place will make the process more difficult and expensive. Choose someone you trust to make decisions on your behalf by appointing them as your Attorney today.
