A Lasting Power of Attorney is a legal document that allows you to choose a trusted friend, relative and/or professional to act on your behalf to make decisions about your Finances and your Health and Welfare if you lose capacity and can’t make decisions yourself.
Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney (EPAs) on 1 October 2007. EPAs that were created before 1 October 2007 are still valid, but it is no longer possible to create new EPAs and it is only possible to create LPAs now. An EPA is limited to your Finances and an EPA does not allow your attorney(s) to make decisions about your Health and Welfare.
There are two types of LPAs; one allows your attorney(s) to deal with your Finances and one allows your attorney(s) to deal with your Health and Welfare. It is important to have both types of LPAs and, if you have created an EPA, it is important for you to consider creating an LPA for your Health and Welfare now.
Health and Welfare Power of Attorney
An LPA for Health and Welfare allows your attorney(s) to make decisions about medical treatment, where/how you receive care, where you live, what you eat/drink and so on. In particular, it allows your attorney(s) to have information about you and your medical treatment, which otherwise they might struggle to obtain because of fears about data protection.
Your spouse, partner, children or other next of kin does not have the legal authority to make decisions about your Health and Welfare. If you do not have an LPA for Health and Welfare in place, then Doctors could make final decisions about your Health and Welfare, including whether to continue life-sustaining treatment or not, without necessarily consulting with your next of kin or even the Court.
If you need any assistance with LPAs, contact our Wills, Trusts and Probate team on 0161 941 4000 or via email at lawyers@myerson.co.uk.