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HEALTH AND WELFARE LASTING POWER OF ATTORNEY (LPA)
What is a Health and Welfare Lasting Power of Attorney (LPA)?
The Health and Welfare Lasting Power of Attorney (LPA) is a document in which you nominate a person or persons (you can have as many as you wish) to act as your Attorneys to make decisions on your behalf if you lose mental capacity in respect of your health welfare.
Some examples of what a Health and Welfare Lasting Power of Atorney (LPA) covers
Some examples are: –
- Medical treatment such as:
- If you are unconscious whether you are placed on a ventilator to help you breathe
- During an operation if there is a complication what the best option would be for your surgery
- How care is provided to you
- Whether you receive life sustaining treatment
- Day to day considerations such as your diet and your daily routine
You can list any instructions that your attorney must follow, or any preferences that you’d like them to consider when making decisions on your behalf.
The Mental Capacity Act Lasting Power of Attorney (LPA)
The Mental Capacity Act came into force in 2005 and is the law that tells you what you can do to plan ahead in case you can’t make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven’t planned ahead.
There are lots of instances where the loss of Mental capacity is temporary, in which case the LPA is available when needed but as soon as you regain capacity the LPA stops being used, and you return to decision making. The LPA is still stored though for future use if needed.
An LPA does not take away any of your own decision making or powers, but extends those powers to your chosen Attorney(s) if you lose mental capacity and cannot make your own decisions.
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