When can a health and welfare Lasting Power of Attorney (LPA) be used?
A health and welfare LPA can only be used if you lose mental capacity, meaning if you have mental capacity for your whole life, you will continue to make decisions about your own health and welfare.
Do doctors listen to my family’s opinions regardless of whether I have an LPA?
Although healthcare professionals often consult with a person’s family members, it is important to be aware that they are not obliged to act upon what is discussed in the consultation. This is because the family members do not have any binding influence on decision-making. A health and welfare LPA is an important way of ensuring that your attorneys have significant influence in the decision-making process. The LPA for health and welfare allows you to choose who would be the person or people making those personal welfare decisions on your behalf – they would be able to facilitate what you would want in particular circumstances.
If you want to choose someone to make decisions on your health and welfare when you cannot, then yes. That way, you can pick someone you trust and explain to them any preferences you have so that if the day comes when you cannot make those decisions yourself, they have the legal authority to do so on your behalf.