Without a health and welfare lasting power of attorney, should you lose the mental capacity to make decisions for yourself concerning your medical care and where you should live, a court may pass that responsibility to social workers rather than a close family member.
Here, we look at why you should consider creating an LPA while you retain mental capacity.
Who can make an LPA?
You must be 18 years old or older and have the mental capacity to carry out the same decisions you wish to delegate to a third party when you make an LPA. You can find information about making an LPA online.
Does a property and financial affairs LPA suffice?
No, you need both, since attorneys appointed under a property and financial affairs LPA cannot decide about your health and welfare. Most people will make both LPAs simultaneously.
Find out more details about these different forms of LPAs and when attorneys can use them by searching for information about a Power Of Attorney Online.
Choosing your attorneys for a health and welfare LPA
Any attorney appointed under an LPA must be 18 years of age or over. It is advisable that you discuss being an attorney with anyone you may have in mind to act on your behalf.
Often, people will choose close family members, such as a son or daughter, to carry out the role, or a close friend. It is advisable to have multiple attorneys in case circumstances dictate that they cannot carry out their duties.
Registering a health and welfare LPA
The Office of the Public Guardian is the authority with whom you must register your LPA once it has been executed. The OPG allows up to ten weeks for its registration process, although this may vary if you have committed any errors in the drafting of your lasting power of attorney.
Provided you have mental capacity as the donor, you can apply for registration yourself, or attorneys can undertake the task. In the case of the latter, you will be notified.
