Lasting power of attorney- health and care decisions

A Lasting Power of Attorney (LPA) for Health and Care Decisions is a crucial legal document that empowers someone you trust (your "attorney") to make important health care decisions on your behalf if you become unable to do so yourself. This situation may arise due to illness, an accident, or the effects of aging.  

How Does It Work?  

1. Choosing an Attorney: You select one or more trusted individuals to serve as your attorney, which could be a family member or a friend.  

2. Setting Up the LPA: You complete the necessary forms and sign them alongside your designated attorney. Additionally, a witness and a certificate provider—someone who ensures you comprehend the implications of the document—must also sign. These forms are then registered with the Office of the Public Guardian (OPG).  

3. When It Can Be Used: Your attorney can only utilize the LPA for health care decisions if you lose mental capacity and can no longer make decisions regarding your health and welfare independently.  

Medical Treatment Decisions: Take Jane, for example. She has advanced Alzheimer's disease and is unable to make informed decisions about her medical treatment. In this case, her son Mark acts as her attorney. Mark employs the LPA to discuss treatment options with healthcare providers and determine the best course of action for Jane’s health.  

Care Home Arrangements: Robert, who has suffered a severe brain injury from a car accident, requires long-term care. His wife, Linda, holds the role of his attorney. Linda uses the LPA to select a fitting care home for Robert, ensuring he receives the necessary care in a nurturing environment.  

Daily Living Decisions: Similarly, consider Margaret, who has experienced a stroke and is no longer able to manage her daily living decisions. Her friend Susan serves as her attorney. Using the LPA, Susan makes decisions about Margaret’s daily routine, including her meals, hygiene care, and social activities, always ensuring that Margaret’s preferences are honored.  

Having a Lasting Power of Attorney for Health and Care Decisions is essential to guarantee that your health care decisions are entrusted to someone you rely on should you become unable to make those choices yourself. Establishing one offers peace of mind, knowing that your preferences will be respected and can alleviate potential conflicts and stress for your loved ones. At DL Wills LLP, we can assist you in identifying the most suitable person to appoint as your attorney, help you fill out the necessary forms, and register them on your behalf. Please note that the Office of the Public Guardian is currently advising a 20-week lead time for registering new Lasting Powers of Attorney.