Since 1st October 2007, it has been possible for clients to create Powers of Attorney (LPAs) to allow their appointed attorney to manage their future health & welfare needs, at a time when the client is no longer able to make those decisions for themselves.
This type of LPA only becomes valid once registered with the Office of the Public Guardian and can only be used if the person making the LPA (“the Donor”) has already lost mental capacity (This is different to a Power of Attorney for Property & Financial matters where there is a choice to allow the LPA to be effective as soon as it is registered.)
An LPA for Health & Welfare can be beneficial, for example, in deciding:
- where you should live
- your day-to-day care (for example, diet and dress)
- who you should have contact with
- whether to give or refuse consent to medical treatment
- to take decisions about end of life treatment
The client will select one or more persons, usually trusted family members or friends, to make decisions about their future care.
It is important that the LPA document has been approved and registered by the Office of the Public Guardian before the donor loses mental capacity.
An LPA is a powerful document and before signing it you should consider speaking to:
- any other people you are considering appointing as your attorney
- your GP, in case you have medical conditions that have influenced the creation of the LPA that may need discussing
- other relevant healthcare professionals
Where someone has already lost mental capacity without having first registered an LPA, it is not possible to register and LPA. However, in that situation, someone may make an application to the Court of Protection for a Deputyship Order in respect of someone they wish to assist with their care needs. This procedure is far more onerous and costly and comes with greater restrictions on the actions of the deputy, who will be under the authority and supervision of the court. Hence why it is important to set up LPAs before there are any issues about the capacity of the client to do so.
If you are considering making an LPA, or believe that you need to make an application to the Court of Protection for someone who has lost capacity, without having made and LPA, please contact our Private Client Department to discuss.