If you are concerned that you or a loved one may lose the capacity to make health and welfare decisions, the answer is to arrange a Health & Welfare Lasting Power of Attorney.
Our professional and understanding Private Client Solicitors provide a bespoke Lasting Power of Attorney service and can support you with all your Private Client Law needs.
Initial Telephone Discussion
A Health & Welfare Lasting Power of Attorney allows authorised persons (called Attornies) to make health and welfare decisions on your behalf if you do not have the capacity to make health and welfare decisions for yourself.
The Health & Welfare LPA can be put in place on a temporary basis (for example, if you do not have capacity whilst recovering from an accident or operation) or on a long-term basis if you have a medical or other condition that means you do not have the capacity to make your own health and welfare decisions.
Attorneys for a Health & Welfare LPA
It is important to carefully consider who would be an appropriate Attorney if you are not able to make your own health and welfare decisions. Most people choose to appoint a family member or close friend. You need to be confident the person could make health and welfare decisions based on your best interests as your Attorney may need to make decisions on matters such as:
- Medical treatment.
- The continuation of medical treatment.
- Whether you should receive home care in your home or move to live in a care home.
To be appointed as an Attorney the chosen person needs to be over 18 and have the capacity to make decisions on your behalf.
If your Attorney’s circumstances change, provided you still have the capacity, you can choose to terminate their appointment and appoint a new Attorney or you can decide to end the Health & Welfare Lasting Power of Attorney.
If you think that a family member needs a Health & Welfare LPA then you can support them to sort out a Health & Welfare LPA, provided they have the capacity to sign the document.
If there is no Health & Welfare Lasting Power of Attorney in place you cannot make health and welfare decisions for your family member if they do not have the capacity to make their own health and welfare decisions.
If your relative no longer has mental capacity then it is not possible for them to execute a Lasting Power of Attorney document. Instead, to get authority to make health and welfare decisions, an application can be made to the Court of Protection for the appointment of a Deputy.
The Court of Protection application process is more expensive and takes longer than the signing of a Health & Welfare Lasting Power of Attorney. It is, therefore, best to ensure that a Health & Welfare LPA is sorted out. You, or the relative who wants to sign a Health & Welfare Lasting Power of Attorney, can sign one at any stage as it remains in force and is ready to be used if capacity is ever lost.
The Benefits of a Health & Welfare Lasting Power of Attorney
There are many benefits of having a Health & Welfare Lasting Power of Attorney, including:
- Peace of mind for yourself or a relative as you know there is someone able to make decisions if capacity is lost
- A Health & Welfare LPA is quicker and cheaper to obtain than applying to the Court for Deputyship
Our Private Client Solicitors recommend that, in addition to a Health & Welfare LPA, you also consider completing a Financial Lasting Power of Attorney to give you and your family additional peace of mind.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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