Legal Advice

One LPA or Two LPAs? That is the question…

Written by Honey Group
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The mainstream media generally seems to place greater emphasis on the financial implications of not having a Lasting Power of Attorney in place but should the “Health and Welfare” LPA really be the poor relation?

With two different LPAs available, which is more important to you, “Property and Finance” or “Health and Welfare”?  Many people now understand the advantages of making an LPA that helps to keep their Property and Financial Affairs in order but fewer people seem to fully appreciate the benefits of making a Health and Welfare LPA.

What if I lose mental capacity and don’t have a Health & Welfare LPA?

Your family members and loved ones are likely to not have a say in how you live or are cared for: 

  • Social Services may have to take the lead in making decisions about where you should live and what care you will receive.
  • Only your legal next of kin would be consulted about decisions regarding resuscitation and life sustaining treatment.  And even though they are talked to, it still does not mean they will have the final say.
  • Decisions may have to be made by the Court of Protection, rather than by the people you would choose.  This will be an expensive and time-consuming process.

How can a Health and Welfare LPA be used if I have one?

Unlike a Property and Finance LPA, a Health and Welfare LPA can only ever be used if you have lost the mental capacity to make such decisions yourself.  With this LPA in place, your chosen attorneys have the power to make decisions about things like:

  • your daily routine, for example washing, dressing, eating
  • medical care
  • moving into a care home
  • life-sustaining treatment

With a growing number of Britons suffering from dementia or Alzheimer’s, careful planning is needed to make sure that you would have the right people making decisions on your behalf if the need arises.  In the absence of a Health and Welfare LPA you run the risk of having strangers making decisions about your personal welfare, even if your friends or relations know far better what your choices would have been. 

In short, only by having both LPAs in place, can you make sure that your wishes in as many aspects of life as possible are always going to be taken into consideration. Contact Honey today so that our experienced team can guide you through the process.

For any additional information contact The Honey Group by calling us on 0800 9500 700 to arrange a free, no obligation consultation at a time convenient to you and your loved ones, in the comfort of your own home. 

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