A Donor will often appoint a family member or friend to be responsible for making decisions for them in the future. It is possible to appoint one person to act, or to name more than one person and specify different areas that each can make decisions about. It is also possible to specify those decisions that should be made jointly by two or more attorneys.
Health and Welfare Lasting Power of Attorney
A Health and Welfare LPA can only be used once it has been registered with the Office of the Public Guardian and also, importantly, after the Donor has lost mental capacity. It offers broad scope for making decisions in a number of areas. These include:
LPAs are tailor-made to the individual. At the time of making the LPA the Donor can modify the scope of the power. These restrictions can be stated in the LPA at the outset so that it is clear which decisions the Attorney is allowed to make. An Attorney can only consent to or refuse life-sustaining or life-prolonging treatment on behalf of the Donor if expressly authorised to do so by the LPA. The Attorney is duty bound to act in the best interests of the Donor at all times, and in cases of end-of-life treatment should consult with carers and family members who have an interest in the Donor’s welfare.
Generally an LPA provides people with the ability to exercise a much greater degree of control over their future care in the event of loss of capacity. Making a personal welfare LPA needs careful consideration beforehand and may involve consultation with family members and medical practitioners.
Contact : Roger Bourdon