Lasting Power of Attorney
The importance of have a lasting powers of attorney (LPA)
It is estimated that up to 2 million people in England may lack the mental capacity to make a specific decision at the specific time required. With an ageing population, the numbers continue to increase.
If you haven’t appointed a power of attorney specifying who can look after your affairs and you lose mental capacity, then the Court of Protection and Social Services will become involved, which can be costly, unpleasant, and time-consuming.
Types of (LPA) Lasting Powers of Attorney
Lasting Powers of Attorney are the only legal documents that enable you to appoint a person or people of your choice to look after your affairs.
LPA Property and financial affairs
This document allows you to appoint someone to look after your financial affairs, including:
• Maintaining or selling your property
• Managing your bank and savings accounts
• Making or selling investments
• Input into your care and treatment towards the end of your life
LPA Health and welfare
This document allows you to appoint someone to make decisions about your health and welfare, including:
• Where you live and who can visit you
• The type of care you receive
• Giving or refusing consent to health care and medical treatment
• Giving or refusing consent to life-sustaining treatment
• What you eat, what you wear, and your daily routine
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Who should make decisions for you?
It is important to understand that your closest relatives are not automatically entitled to make decisions for you without having Lasting Powers of Attorney in place. You should choose someone you trust to make decisions for you.
General Power of Attorney
A General Power of Attorney is a temporary measure that enables someone to look after your property and finances while you still have mental capacity.
Key Points
• This document does not need to be registered with the Office of the Public Guardian.
• It does not continue in the event that you lose your mental capacity.
• It cannot be used for your Health and Welfare.
Living Wills (Advance Directives)
A Living Will, also known as an Advance Directive, is a statement of your wishes regarding medical treatment in the event that you are unable to communicate your wishes.
What can be included in a living will?
You can specify the kind of treatment you would or would not prefer if you are unable to communicate your wishes or make decisions for yourself.
What cannot be included in a living will?
Certain requests cannot be made in a Living Will, including:
• Asking for anything illegal, such as euthanasia or help to commit suicide
• Refusing the use of measures solely designed to improve comfort, such as pain relief
• Demanding care that healthcare professionals consider inappropriate
• Refusing the offer of food and drink by mouth
• Refusing basic nursing care that serves to maintain reasonable comfort
Reviewing and updating your living will
It is advisable to review your Living Will regularly, ideally every year, and update it as necessary. You should also keep a copy of the statement with your medical records and inform your GP of its existence.