How a Lasting Power of Attorney Can Inform Health and Care Decisions
A health and welfare Lasting Power of Attorney (LPA) is a future-planning legal document that allows individuals to appoint trusted people to make health and care decisions on their behalf if they lose their capacity to self-advocate.
Although we don’t offer legal advice, at Blossom Home Care, we believe that everyone should have the right to patient advocacy, which is precisely what an LPA offers. We have written a helpful blog about, and in this blog, we’ll answer the most common questions about LPAs and explain why they’re so useful for making medical and care decisions.
A Complete Guide to Health and Welfare Lasting Powers of Attorney
Facing the reality that you may need to arrange an LPA for health and care decisions can feel daunting, which is why we’ve answered our most commonly asked questions here, so you can be fully informed on the process and the benefits of having one.
Why is an LPA important?
An LPA offers you the chance to maintain control over your future, rather than a court-appointed professional making decisions for you based on what they deem to be “in your best interest”. You can clearly outline your wishes for your financial, medical and care decisions, which your loved ones can enforce if and when you are unable to. It also avoids any confusion or disagreements between your loved ones about what your wishes are.
Who should consider an LPA?
Everyone should make a power of attorney, whether you have been diagnosed with a long-term or progressive condition like dementia, are approaching old age or would like to plan for the future. If you are in good health, you may not think you require one, but you should think about registering an LPA in the same way you would take out life insurance cover; it’s there in case you or your loved ones need it.
When should you register an LPA?
Regardless of age or health, you should arrange a Health and Welfare or Property and Finance LPA as soon as possible. If you have full mental capacity, as in you can consensually choose an individual to make decisions on your behalf, then the process of registering an LPA is straightforward. However, it is much more complicated, costly and time-consuming for your loved ones to try to become an LPA with the Office of the Public Guardian or a deputy with the Court of Protection if you no longer have full mental capacity.
What is the LPA application process?
The steps to arrange and register a lasting power of attorney are:
- Choose one or more people (legally referred to as “attorneys”) that you trust to make decisions on your behalf.
- Fill in the Property and Financial Affairs or the Health and Welfare Lasting Power of Attorney form.
- You (legally referred to as the “donor”) and your chosen attorney/s sign legal documents to formalise your decision. A signature is also required from a certificate provider, who confirms you have full mental capacity, and an official witness must be present.
- You can then notify people, such as family members and loved ones, about the LPA registration, but please note that this is optional.
- Your completed forms are sent to the Office of the Public Guardian, and you will need to pay an £82 fee per LPA registered.
- There is a four-week mandatory waiting period for objections.
- Finally, if there are no objections, you will receive the registered and legally valid LPA.
What are common misconceptions about LPAs?
“My spouse or child can automatically handle my affairs.” ‒ Even if you’ve been married for decades, share a Will or bank accounts, or are directly related, without an LPA, your loved ones cannot legally make any financial or medical decisions for you, or access your accounts.
“I can register a Health and Welfare LPA when I need it.” ‒ You cannot register an LPA once you have lost your mental capacity. Any LPA you apply for must be arranged while you are of sound mind to consensually choose a trusted individual to represent your wishes and interests.
“I’ll immediately lose control of my life and independence.” ‒ A Lasting Power of Attorney for health can only be used once you have lost capacity. You can cancel or amend it at any time while you still have capacity.
“My attorney will have complete control over my life.” ‒ Your attorney is legally restricted by your LPA, meaning they can only enforce what is specifically stipulated in your LPA, and they must act in your best interest.
“A Will is all I need” ‒ A Will can only handle your assets after your death, and has no bearing or legal validity while you’re alive. Meanwhile, a Health and Welfare LPA is specifically for making decisions during your lifetime.
“My partner can still pay our bills from our joint bank account.” ‒ The bank may decide to freeze your joint account if one of you loses capacity, to prevent potential financial exploitation.
“Powers of attorney are only for my elderly parents.” ‒ LPAs are necessary for everyone, regardless of age, in case you suffer a sudden accident or illness.
Register a Health and Welfare LPA to Stipulate Caregiving Responsibilities
You can register a Lasting Power of Attorney that provides caregiving instructions in the case of a dementia diagnosis, or if you’re beginning to feel concerned about the court process your children may have to endure without an LPA as elderly parents. Doing so ensures you can explicitly outline and make it known to your loved ones how you would like to be cared for should such a time arrive.
An LPA is ultimately a powerful legal tool that preserves your wishes and dignity. It also offers your loved ones peace of mind about how you want to be medically treated and cared for, which saves them from further stress and heartache down the road.
Speak to Blossom About Our Compassionate Home Care Services
At Blossom Home Care, our main priority is you. We will create a bespoke at-home care plan that respects the wishes stipulated in your LPA and will always prioritise your best interests. Please read our blog if you would like to know more about , or contact your local office today with any questions about arranging at-home care or our home care services.