The Health and Welfare LPA and its benefits

Date Added: 31 October 2011

Many people were shocked to read the results of the recent Care Quality Commission’s unannounced visits at 100 hospitals, which assessed the care provided to elderly patients.  The CQC describe the findings as “alarming”, and the press has recently been full of stories of relatives describing their experiences when elderly relatives have been looked after in hospital, often in their final days.

Of course, the stories in the media tend not to focus on the excellent work done by hospital staff in the vast majority of cases.  In situations where the standard of care falls short of what it should be, however, the involvement of relatives can be absolutely crucial.  As a Solicitor, this prompted me to consider the ways in which relatives and close friends of elderly people can get involved in their care, which drew my attention to yet another advantage of the Lasting Power of Attorney (“LPA”), in this case specifically the Health and Welfare LPA.

The advantages of the Health and Welfare LPA can often be overlooked as they are not as immediately apparent as the more well-known Property and Affairs LPA.  On closer inspection however, the Health and Welfare LPA reveals itself to be an invaluable part of planning for old age.  A Health and Welfare LPA puts nominated Attorneys “in the driving seat” when it comes to Health and Welfare issues, if the person who made the LPA is unable to make decisions themselves.  It is of course in this situation that a person the most vulnerable.  The knowledge that a person or persons chosen by them will be able to make decisions concerning health and care matters and in that situation can be bring great peace of mind.  The existence of a Health and Welfare LPA can also avoid many practical and ethical decisions, such as whether a Doctor or Nurse can even discuss a person’s care with a third party.  This is of course especially important in the case of elderly people or those whose primary carer may not be their “next of kin”, for example unmarried couples.

The Health and Welfare LPA also contains the option to allow an Attorney to consent to, or refuse, life sustaining treatment.  The person making the LPA can also choose to restrict the document so that the Attorney does not have this particular right but only has more general powers to make decisions about health and welfare.  If this power is included, however, the LPA can provide a more flexible version of the “Living Will” and enable these most crucial choices to be taken by a relative or loved one should the need arise.

It should be remembered that an Health and Welfare LPA can only be used once the person who made the LPA has lost mental capacity, unlike other forms of Power of Attorney.  If the recent CQC report makes one thing particularly clear, it is the intense vulnerability of elderly people at times of illness and the fact that the involvement of relatives and close friends can be crucial.  As such, it can be a truly valuable investment in terms of the guidance and authority it gives to loved ones and the peace of mind it gives to all involved.

Hallett & Co can assist by drafting and registering a Lasting Power of Attorney on your behalf and advising upon its operation, consequences and use.  Our fees for doing this are fixed at the outset and we can visit you in your own home if this is preferred.  For more information please contact any member of the Private Client Department.

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