Powers of Attorney Health and Welfare
Lasting Powers of Attorney For Health and Welfare
A time may come when you need or wish to rely on others to look after your affairs for you. This may be because you become mentally incapable of looking after your own affairs, because you find it physically difficult to do so, because you feel you need some assistance in some matters, or because you are concerned about future unexpected events. There are a number of ways of dealing with these issues. The key, as with so many things, is to plan ahead.
Lasting Powers Of Attorney
A “Lasting Power of Attorney” (“LPA”) is a document by which you appoint another person or persons to act on your behalf. There are two types of LPA which can be made, each dealing with different types of decisions. As the person granting the power, you can determine the extent of your attorney’s powers by including restrictions, conditions or guidance.
This leaflet deals with Health & Welfare LPAs. Please see our separate leaflet for information on Property & Affairs LPAs.
Health & Welfare LPA
A Health and Welfare LPA can only be used if have lost your mental capacity and can deal with matters such as:
• Giving or refusing consent to particular types of health care including medical treatment
• Whether you live in your own home with appropriate support or perhaps move to a residential home
Scope of Attorney Powers, Restrictions, Conditions
& Guidance
When planning your LPA you can decide who to appoint as attorneys and how they act. If you appoint more than one attorney, you can choose that they are appointed always to act together, to act together or independently as they see fit or, alternatively, together for some matters and independently for others.
The choices are many and we can provide advice to suit your own individual needs. You can also decide on the scope of the LPA by imposing restrictions and conditions upon your attorneys, which are legally binding, or include words of general guidance to your attorneys. We can discuss your all concerns to determine the best choice for you.
Certification & Registration
When planning your LPA, you need to choose someone who will act as a ‘Certificate Provider’ who will be able to sign a certificate on the document to confirm you understand the significance and purpose of the LPA. Stones are usually able to act as the Certificate Provider. An LPA cannot be used until it has been registered with the Office of the Public Guardian (“OPG”) and the appropriate fee paid.
- Who registers? Either you or your attorney can register the document.
- When should the LPA be registered? It depends on your personal circumstances, Stones can advise you as to the options open to you.
- Does anyone get told about registration? You have the choice as to who you notify, if anyone
- Can I change my mind before or after registration? Yes as long as you have sufficient capacity to do so.
- Do I have to pay the OPG for registration? The standard fee is £120, although if you are on certain types of income related benefits or your income is low, you may be wholly or partially exempt from registration fees.
Advance Decisions & Living Wills
If you lack mental capacity to make informed decisions about your health and welfare, medical practitioners have a legal and ethical obligation to act in your best interests.
However, if you have made a legally recognised decision refusing life sustaining treatment, the medical practitioners caring for you are legally bound to follow it.
A Health and Welfare LPA contains scope for you to give authority to your attorney to make that decision on your behalf.
Case Study
Miss A came to see Stones to consider her options because she was adamant that if she developed dementia she would not wish to go into residential care unless all alternative options had been explored to see if it was possible for her to stay at home and receive care there.
In addition, Miss A did not wish to receive life sustaining treatment if she was in an unconscious condition that was likely to remain permanent. Miss A did not have children of her own but did have a niece she was close to. Stones were able to draft an LPA giving appropriate guidance to her attorney about her future care options and also include an advance directive regarding life sustaining treatment.
Deputies & the Court of Protection
If you become mentally incapable without having made previous arrangements, it might become necessary for someone to apply to the Court of Protection to be appointed as a Deputy to look after your affairs.
Deputies can be appointed to take decisions on Health and Welfare matters as authorised by the Court. However, the Court is reluctant to appoint Deputies for Health and Welfare on an ongoing basis and if orders are sought, tend only to make them for one off decisions. This means that you may find yourself having to go to Court and paying the appropriate fee for every health and welfare decision that needs to be made. Preparing an LPA may avoid the need for this. There is an initial application fee payable to the Court as well as other ongoing annual fees, which may be payable depending on your situation. The process can be time-consuming, bureaucratic and frustrating. Stones can assist in making both straightforward and contested applications if you find yourself in the position of needing to apply to the Court to be appointed as deputy for one of your loved ones who has become unable to act for themselves.
Advice and assistance from Stones
At Stones we will be pleased to:
• Advise as to the most appropriate solution to give effect to
your wishes
• Prepare the paperwork and supervise its execution and registration
• Act as certificate provider
• Hold the document in our strong room free of charge until such time as it is needed
• Give whatever advice and assistance is needed by the attorney
Next Steps
Contact Stones to make an initial appointment. We are always happy to discuss matters free of charge and at that stage can provide you with a no obligation quotation. In the meantime, you need to consider:
• Who you would wish to act on your behalf
• In what circumstance they may act
• Whether you want to give to your attorney any guidance or
impose conditions on their actions.
• Consider whether you wish to make an Advance Decision regarding life sustaining treatment
For more information, including an initial no obligation interview please contact:
Linacre House, Southernhay Gardens, EXETER EX1 1UG
01392 666777
www.stones-solicitors.co.uk
Email: privateclient@stones-solicitors.co.uk
contact us now
- Exeter 01392 666777
- Okehampton 01837 650200
- Online Enquiry Form
