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Lasting Powers of Attorney for Health Issues

Posted on Wednesday, 30th March 2016 by

17069-a-woman-and-older-man-sitting-at-a-table-pvThere are two types of Lasting Powers of Attorney (LPA):

  • Property and Financial
  • Health and Welfare

The Health and Welfare LPA only takes effect if (and when) one loses mental capacity. The LPA allows the attorneys to make decisions in the donor’s (the person who made the LPA) best interest, regarding the donor’s health, including decisions about the dentist, doctors, care home, medicine etc. The Donor chooses who he/she wishes to act on their behalf, should they lose mental capacity.

The LPA can include certain instructions that the Attorneys must follow for example, ‘I do not wish to be resuscitated’. Guidance can also be put in the LPA document such as ‘my wishes are that if I go into a care home then I want to be in X area.’

The Health and Welfare LPA also covers life-sustaining treatment; Attorney’s can be given the right to consent or object to life-sustaining treatment on behalf of the Donor.

If a Health and Welfare LPA is not in place and someone loses mental capacity, an application for a deputy order would have to be made to the Court of Protection. This is a lot more time-consuming and costly and the Donor does not have a say in who makes the application to be the Deputy.

If you would like to talk to a specialist about LPA or any other topic related to this area of law, please do not hesitate to get in touch with our: private client solicitors in Loughborough

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer.  If you are interested in obtaining advice, please contact one of our solicitors who will be happy and able to advise you on your own particular circumstances.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Emma Fuller - Wills, Probate and LPA
Emma Fuller - Wills, Probate and LPA
emma.f@ehlsolicitors.co.uk 01509 212 108
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