What this post is about
In our last post we talked about Advanced Decisions. These are documents that you can make now, to outline treatment that you do not want in the future, if there comes a time when you are mentally incapable of making such decisions.
In this post we are going to talk about Lasting Power of Attorney (LPA), for health and welfare. If the time comes when you are no longer able to make your own health and welfare decisions, having set up an LPA for Health and Welfare can make life easier. An LPA for health and welfare is different to an Advance Decision. Under an LPA you appoint others, whom you trust, to make treatment and other welfare decisions for you, when you can’t. Under an Advance Decision, you yourself make a treatment decision now, to apply in the future.
This post sets out a guide to help you take steps to ensure that your wishes are followed if you are no longer able to make your own health and welfare decisions. We hope you find the information in this post helps you to decide what is right for you.
This post applies to the law in England and Wales only. There are different rules in Scotland and Ireland.
As with our last post, you will see the term ‘mental capacity’ throughout this article. Just so you understand, having mental capacity means you can make your own decisions and understand the implications of them.
No one can make an LPA unless they have mental capacity to do so. For this reason, it is important that you consider making an LPA whilst you are well, otherwise it can be too late.
If there comes a time when you cannot make a health and welfare decision because you have lost mental capacity, and you haven’t created an LPA, the Court of Protection may need to become involved. This can be long winded and expensive, so it is far better for you to choose someone you trust and appoint them in an LPA to deal with the things you choose.
The different types of LPA
There are two types of LPA, one for health and welfare, and one for financial decisions. In this post we are focusing on LPA for health and welfare.
Please note that an LPA for health and welfare can only be used if it has been registered with the Court, (called the Office of the Public Guardian), and you have lost mental capacity.
Decisions that can be made under an LPA for health and welfare
If you make an LPA for health and welfare, and appoint people to act for you, (attorneys), those attorneys can make decisions about things like:
- where you should live
- your medical care
- what you should eat
- who you should have contact with
- what kind of social activities you should take part in
- You can also give your attorneys permission to make decisions about life- sustaining treatment. Life sustaining treatment is any treatment needed to keep you alive and includes mechanical ventilation, antibiotics and CPR
Good to know
- You can appoint 1 Attorney or a maximum of 4. If you have more than 1 Attorney you must decide how they should act, i.e. jointly or jointly and severally. The latter is more flexible, but it’s your choice…
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This is necessary in our current environment, thanks for talking about this D.E but it’s dealing within the Corporate/Maritime Law system. The true Common Law system is no longer supported by ordinary people, as we no longer know our rights.
Most things we think we know are wrong, throughout most everywhere in the world the only true true law is Common Law, meaning just, fair understandings which can be agreed on by the vast majority. Anything else is a control system/tyranny, what is happening now is a real travesty of all that’s good and fair, opening your eyes and working to preserve fairness is required or all we’re finished.
All that’s happening is UNLAWFUL, which trumps any other system. It’s the only true system, we must be prepared to create Common Law Assemblies ourselves, which need hard work and can deny any Government Mandate, which can only apply, with OUR permission.
This article explains how Common Law works in the UK but it’s pretty much the same throughout the world, if we’re prepared to defend truth and rights:
Yes Exactly We need to take back Common Law stolen from us by them 6sung lawyers to gain politicians consent and give the moral authority for Rule of Law to the Pope. Common Law is the foundation of true democracy and without that there really is no meaningful democracy at all .Then it’s just constructing staged parties playing as our representatives .Deceiving the world really .
They can con anyone into thinking what they suggest is the best action under the present conditions Don’t ever for one instant think that law and medicine aren’t the left and right hands of the same head. They’re both out to present an image and maximise their profits.
I heard of a person who they said had lost the ability to swallow ,So they were going to just let him due of thirst They told his caregiver that if they gave him a drink he would surely choke and then they would charge the caregiver with his murder . WELL THE caregiver didn’t believe them and gave the old man a DRINK OF water ,and he grabbed that cup and drank that water without the least SLIGHTEST difficulty WHATSOEVER .. THEY LIE .Straight to your face looking you straight in the eye And they’re good at it .