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Do I really need a Lasting Power of Attorney for health and welfare?

We have adapted our will and LPA service to make them more accessible. During the current social restrictions caused by the Pandemic our will and LPA service will be available to you over Zoom and Skype. For those unable to use Zoom/Skype we are also offering the service over the telephone. Talk to us on 0113 320 5000 about making your will and LPA.

What is a Health and Care Lasting Power of Attorney?

A health and welfar Lasting Power of Attorney (LPA) gives your attorney(s) the ability to make decisions about:

  • Your medical treatment including life sustaining treatment
  • Where you live (moving into a care home)
  • Day to day care (diet and daily routine)

When can a health and welfare LPA be used?

A health and welfare LPA can only be used if you lose capacity; this is because the view is that if you can make decisions about your personal health and care then you should.

Do doctors listen to my family’s opinions regardless of whether I have an LPA?

Although healthcare professionals often consult with a person’s ‘next of kin’, it is important to be aware that they are not obliged to act upon what is discussed in the consultation. This is because a next of kin does not have any binding influence on decision-making. A health and welfare LPA is an important way of ensuring that your attorney has significant influence in the decision making process, that they have the authority to voice your wishes and, if necessary, challenge decisions being made. 

I would not hesitate to recommend Winston Solicitors. I needed to sort out Wills and Power of Attorney for my aged relatives. The task seemed daunting but I need not have worried as the efficient team helped guide me through the process. Someone was at the end of the phone or email every step of the way. Winston Solicitors were very thorough and explained everything to me. They remained professional throughout and when COVID-19 struck, the work they were doing for me was seamless and uninterrupted. They adapted amazingly well. I thought their fees were more than reasonable and compared favourably to other companies. Winston Solicitors will be my first port of call when i next need any legal matters attending to.

A health and welfare LPA ensures you have control through appointing an attorney on your behalf

In order to address the fact your that your next of kin may have no control over your care, you would need to formally appoint an attorney (or attorneys) in a health and welfare LPA who would then be able to make your wishes known at a time when you are unable to do so. A health and welfare LPA is an important way of ensuring that your attorney has significant influence in the decision making process and would mean that they have the authority to be heard.

Furthermore, a health and welfare LPA provides you with the opportunity to specifically choose who should be involved in making decisions on your behalf. You may not consider your “next of kin” to be the person best placed to speak on your behalf, so a health and welfare LPA would enable you to take control and put the necessary provisions in place now. This can offer great peace of mind for both yourself and your loved ones.

As the health and welfare LPA has become more common, it is carrying increasing weight for attorneys. It is arguably the primary way to ensure that your loved ones have the authority to voice your wishes and, if necessary, challenge decisions being made. Without it, their input could be dismissed or go unheard which can lead to upset and frustration for them, being the people most likely to speak for you as you would have spoken for yourself.  

We would recommend making an LPA for health and welfare. It could prove to be invaluable!

Our experienced health and welfare LPA team can give you the guidance and advice you need. Please email the team on wills@winstonsolicitors.co.uk or call 0113 320 5000 for a no obligation chat about your circumstances.

Evening appointments are available on Wednesdays 5pm until 7pm so you have time to make your will or LPA. Booking essential! Call 0113 320 5000 to book your evening appointment.

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