A Lasting Power of Attorney (LPA) is an essential part of future planning. We look at the differences between LPAs and advance decisions, and what happens if you make both.
There are two main types of LPA: one deals with property and financial affairs, and the other type covers health and welfare. It is usually advisable to have a property and financial affairs LPA in place so that a trusted attorney could help you with matters, should you ever be unable to make decisions for yourself.
This article will look at health and welfare LPAs, as well as advance decisions.
What is a health and welfare LPA?
A health and welfare LPA can be used by the person you have chosen to represent you, known as your attorney, in the event that you no longer have the mental capacity to manage your affairs yourself.
It will be tailored to your requirements, and you can give your attorney authority to deal with the following types of issues on your behalf:
- Where you will live
- What your daily routine will be
- Who you will see
- What medical care you will receive
- What medical treatment will be refused on your behalf
The LPA is registered with the Office of the Public Guardian (OPG), and can then be kept in case it is ever needed. It can only be used if you lose mental capacity to make decisions yourself. You can choose one or more attorneys, and name back-ups or replacements who will be able to act should your original choice be unable to take on the role when needed.
What is an advance decision?
An advance decision or advance directive, sometimes referred to as a living Will, is a legal document allowing you to decline medical treatment.
It needs to be very clearly drafted, and before signing the document, you need to fully understand what you want to include and the implications. The circumstances in which you want medical treatment declined will be outlined. If you wish to refuse life-sustaining treatment in certain specified circumstances, such as ventilation, antibiotics, or CPR, the document must be witnessed when you sign it. Even if you are not declining life-sustaining treatment, it is still good practice to have a witness sign the advance decision alongside you.
You can also name individuals you have discussed your wishes with, including healthcare professionals, friends and family members.
You cannot use the form to request medical treatment, nor to ask for your life to be ended.
If you change your mind in the future, it is simple to make a new advance decision, and you can destroy the document at any time if you wish.
Which takes priority – a health and welfare LPA or an advance decision?
Ideally, your LPA and advance decision will not conflict. However, if they do, then the one you made most recently will prevail.
There is an option to mention a pre-existing advance decision when making an LPA, and you can ask your attorneys to respect the details it contains.
When making either document, you should arrange for copies to be provided to your attorneys, family members, and healthcare providers. You can also send a copy of your advance decision with your LPA when registering the LPA with the OPG.
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