Understanding the importance of a Health and Welfare Lasting Power of Attorney

Many people now recognise the real importance of making a Lasting Power of Attorneyfor Property and Financial Affairs. Unfortunately, there are not as many who understand or appreciate the valuable benefits of making a Health and Welfare Lasting Power of Attorney.

Basically, a Health and Welfare Power of Attorney is a document which enables you to choose who can make personal decisions on your behalf in the event that you become unable to make those decisions yourself.

An Attorney under a Health and Welfare Power of Attorney is able to make decisions about your daily routine, for instance, your Attorney can decide what you eat and what you wear. He or she can even decide who visits you and is entitled to obtain access to your medical records.

An Attorney under a Health and Welfare Power of Attorney can also make decisions regarding your medical care and attention. You have the option to delegate to your Attorney decisions regarding whether to consent to or refuse life sustaining treatment, for instance, being resuscitated.

Without a Health and Welfare Lasting Power of Attorney, decisions could be made without your own wishes being taken into consideration. In cases of medical treatment, your next of kin is still likely to be consulted but the ultimate decision rests with the medical professionals interpretation of what is in your best interests. This could be different to what you actually want. For instance, it may be your desire that you should not be resuscitated against your wishes. If however there is no Health and Welfare Power of Attorney, the professionals could decide that, irrespective of what was stated by your next of kin, you should be resuscitated. In cases of decisions as to where you should live and what care you should need, Social Services may also need to become involved which could have been a different situation had you had a Health and Welfare Lasting Power of Attorney. You may find that without a Health and Welfare Lasting Power of Attorney, Social Services and the medical professionals will make their decisions solely based on what they consider to be in your “best interests”.

If you want to ensure that your wishes are followed then you need to communicate those wishes to your next of kin and make a Health and Welfare Lasting Power of Attorney.

A Lasting Power of Attorney is a very powerful tool and can make a decisive difference when dealing with Social Services and the medical professionals.

By making a Health and Welfare Lasting Power of Attorney, you can choose exactly who makes the decisions on your behalf in the event of your incapacity. Furthermore, there is an argument that all cohabitees should make one as sometimes, couples who live together are not recognised as the person’s next of kin. We would therefore stress that Health and Welfare Lasting Powers of Attorney are particularly important where cohabiting. It is also particularly important when you want the professionals to consult someone who is not your next of kin, for instance, a close friend or a family member who would not be classed as next of kin.

The team at Winston Solicitors specialise in both Health and Welfare as well as the Property and Financial Affairs Lasting Powers of Attorney. You can choose to make one type or both. If you would like any advice on either type of Power of Attorney, please contact Wendy Campbell on 0113 320 5000.