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Lasting Power of Attorney Health and Welfare in 2020

In this guide, we discuss the Lasting Power of Attorney Health and Welfare.

Lasting Power of Attorney is being discussed more and more by families who want to ensure that the future is more certain for themselves or their elderly relative.

Without one in place, you could find that your personal wishes are unable to be provided for should you lose mental capacity in the future.

Unfortunately, this important provision for old age is often overlooked until it’s too late to put one in place.

Here you’ll find guidance that should help you to determine whether a Lasting Power of Attorney for Health and Welfare, or a medical power of attorney as it is sometimes known, is right for you and a loved one. You’ll also learn how to put a Lasting Power of Attorney for Health and Welfare in place.

You can listen to an audio recording of this page, on a health and welfare power of attorney, if you find that easier than reading.

This audio recording can be found on Youtube. You can also listen to this article and many others on Apple Podcasts and Spotify.

We have answered the 8 most important questions you should be asking below.

1. What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a way to plan ahead for mental incapacity. It involves appointing someone you trust (usually a family member or friend) to act for you when you cannot do so yourself. Our LPA guide will help give you the information you need to make an informed decision.

You can choose one or more trusted friends or relatives to act as your attorneys. They will be responsible for making sure that your wishes are carried out. You can also choose which decisions they will be responsible for.

An LPA health and welfare can only be used when you are mentally incapable of making your own decisions – so putting one in place now will not jeopardise your independence.

If you wait too long you may find that you are unable to set up a Lasting Power of Attorney – so it’s important to make provisions now for the future.

For more general details about Lasting Power of Attorney please head over to our comprehensive guide here. or watch our video.

 

2. What does a Lasting Power of Attorney for Health and Welfare involve?

There are two types of Lasting Power of Attorney. One takes care of your assets and financial affairs – this is known as a Lasting Power of Attorney for Property and Financial Affairs. The other type of Lasting Power of Attorney is a Lasting Power of Attorney for Health and Welfare.

An LPA health and welfare enables a nominated family member or friend to make decisions on your behalf regarding your day-to-day care and wellbeing. These include:

  • Personal care and care provision (such as choosing a home care company or residential placement for you, arranging meals, enabling you to take part in social activities)
  • Medical care (your attorney may be asked to make decisions on your behalf regarding treatment)
  • Palliative care (your attorney may be asked to make a decision regarding life-saving treatment or end of life care)

The responsibilities listed above will directly affect you. For this reason, it is very important that the person you choose as your LPA for Health and Welfare is somebody you know and trust.

A Health and Welfare LPA does not cover your financial arrangements – but it’s important to remember that your nominated person may need access to your finances so that they can arrange your care easily for you.

This is why many people set up both types of Lasting Power of Attorney simultaneously, appointing the same person to look after each.

Here is a video on what a power of attorney is for health and welfare.

You can see the original video on the health and welfare power of attorney here.

lasting power of attorney guidance

3. Why should I get an LPA for Health and Welfare?

Arguably everyone should make appropriate provisions for their future care as they approach old age. This ensures that your wishes are granted and you are looked after in the way you would like.

It can also save your family members the upset and frustration of not being able to get involved in your care.

Arranging a Lasting Power of Attorney for Health and Welfare is particularly important for anyone who has been given a diagnosis of Dementia, or another degenerative illness that will cause them to lose mental capacity in the near future.

Although it’s a stressful time and these things are unpleasant to contemplate, putting a Lasting Power of Attorney for Health and Welfare in place now is the only way you can be sure you’ll be looked after in accordance with your personal wishes.

You can set up a Lasting Power of Attorney for Health and Welfare at any time in life – not just as you approach old age.

health power of attorney

 

4. Who can help me create the Lasting Power of Attorney?

We always recommend that you use a specialist to produce an LPA.   They will ensure that your interests are always protected and you have peace of mind that everything is in order.

There are two options for you to consider.

Option 1 – Find an advisor in our directory of advisors

We have created a directory of advisors that specialise in helping people create a Lasting Power of Attorney.  The directory has advisors listed from all over the country.   You can access the LPA directory here.

Option 2 – Let us, the UK Care Guide, find an advisor for you

If you do not feel confident in choosing an advisor, you can leave your details below, and we will find an advisor for you.   We do not charge for this service and it is absolutely free.

5. What could happen if I don’t set up a Health and Welfare Lasting Power of Attorney?

A Health and Welfare Lasting Power of Attorney is designed to give you some control when you are unable to make decisions yourself.

Therefore failing to have a Health and Welfare Lasting Power of Attorney in place can have significant consequences for you and your family.

The absence of a Health and Welfare Lasting Power of Attorney means that your family members and loved ones won’t get a say in how you live or are cared for. Small examples of this include the clothes you wear, the food you eat, the clubs you attend.

More significant examples include the type of medicine you take, the type of care you access and where you live.

Care provision is one of the main reasons people set up a Health and Welfare Lasting Power of Attorney. They trust their family members or friends to choose the best home or provider for them – and don’t want that decision to be made by strangers or local authority staff.

6. What happens if I have left it too late to get a Power of Attorney

If you need to get power of attorney but you have left it too late, the only option you have is to approach the Court of Protection.  This process allows a court to give you responsibility for someone’s decision making.  You can read more about the Court of Protection here.

Here is a short video that explains what the court of protection is.

 

 

7. Do I need help with completing a Health Power of Attorney?

A health power of attorney can be obtained and filled out independently.

However, it’s advisable to enlist professional help from a solicitor when completing the lasting power of attorney health and welfare form.

This is because filling out these forms incorrectly could mean your application does not stand and cannot be used at a later date when it is too late to make other arrangements.

If you are unsure, you can obtain the Lasting Power of Attorney health and welfare form and take a look before seeking advice on specific elements as needed.

lasting power of attorney health and welfare form

 

8. Where can I find further Power of Attorney guidance?

More Lasting Power of Attorney for Health and Welfare guidance can be obtained from your local Citizen’s Advice Bureau or Age UK.

Some solicitors also offer free drop-ins. These can be especially useful as you can ask questions and obtain professional advice without personal cost.

If you’d like further Lasting Power of Attorney for Health and Welfare guidance you can find plenty more information here on the UK Care Guide website.

About the author

This content was first published by Susan Glenholme, the Managing Partner for Debenhams Ottoway.

As well as being managing partner and head of the private wealth team, Susan is recognised by Chambers and Partners UK legal directory, features in the legal 500, as one of the leading private client lawyers in the UK.

Would you like some help setting up a Lasting Power of Attorney?

We have partnered with Co-op Legal Services for them to bring you their market leading Lasting Power of Attorney support.

 

 

 

The best bit is that costs are some of the cheapest in the UK 

An amazing personalised service at a very low cost.

To speak to the Co-op please call

0800 0294 591

Or you can leave your contact details below and someone will contact you.

Alternatively, book an appointment with a Co-op Power of Attorney Specialist

To make things easier you can book an appointment on the calendar below and someone from Co-op Legal Services will call you at the allotted time.

 

Summary of this page

What is a lasting Power of Attorney?

A power of attorney in the UK is a legal document which enables a nominated party (usually a family member) to make decisions and act on a person’s behalf should they lack mental capacity at any time. In essence, if you can’t manage your affairs then you can nominate someone else to do so on your behalf.

Is it possible to reduce the costs of getting a Lasting Power of Attorney?

The simple answer is yes. There are a number of approaches that you can use to reduce the cost of producing your lasting power of attorney. You can read our site to get some tips on how to do this.

What is a Property and Financial Affairs Lasting Power of Attorney?

A Lasting Power of Attorney Property and Financial Affairs involves; 1- Paying your mortgage or rental payments, 2 - Setting up or stopping Direct Debits in your name, 3 - Paying phone bills, 4) Banking and much more. You can read more about how these work on our site.

What is a Health & Welfare Lasting Power of Attorney?

A Lasting Power of Attorney is a way to plan ahead for mental incapacity. It involves appointing someone you trust (usually a family member or friend) to act for you when you cannot do so yourself. Our guide will help give you the information you need to make an informed decision.

 

Read more about Lasting Power of Attrorney

Read about why you need a Will

Read about Equity Release and how it works

Read about Estate Planning and how to avoid paying inheritance tax

Read more about the Court of Protection here

Would you like some help setting up a Power of Attorney? If so, Co-Op Legal Services can help you set them up. 

Leave your details here

0800 0294 591

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