IV. Health & Welfare LPAs

What Kinds of Decision Do They Cover?

A Health & Welfare Lasting Power of Attorney (LPA) grants your chosen attorney the legal authority to make decisions about your personal health and wellbeing on your behalf.

This covers a wide range of choices, including decisions about your day-to-day care, who provides it, and whether you receive care at home or in a care facility.

They can also consent to or refuse medical treatments, including specific procedures or medications, in consultation with medical professionals.

Essentially, this LPA gives your attorney the power to ensure your personal care and treatment align with your values and wishes if you are unable to express them yourself.

Life-Sustaining Treatment

One of the most significant and sensitive areas covered by a Health and Welfare LPA is decisions about life-sustaining treatment. This refers to treatments that are necessary to keep a person alive, such as a ventilator, a feeding tube, or cardiopulmonary resuscitation (CPR).

Your attorney can only make decisions about life-sustaining treatment if you have specifically granted them this power in the LPA document. If you do not explicitly give this authority, your attorney cannot refuse such treatment on your behalf.

This is a critical decision that requires careful consideration and a clear discussion with your attorney to ensure your wishes are understood and respected.

When Can My Attorney Act?

Unlike a Property & Financial Affairs LPA, a Health & Welfare LPA can only be used once you have lost the mental capacity to make the specific decision yourself.

For instance, if you're in a coma, you have lost the capacity to decide on your immediate medical treatment. However, if you are able to make that decision, your attorney cannot act on your behalf.

The law is very clear on this: the LPA only becomes active at the point when you can no longer communicate your own choices about your health and welfare. This ensures that your right to make your own decisions is protected for as long as you are able to do so.

Real Life Scenarios

Imagine Cathy has been in an accident and is unable to communicate with doctors about your medical treatment. Without a Health & Welfare LPA, doctors would need to make decisions in her "best interests," without knowing her personal wishes or beliefs.

With an LPA, however, her chosen attorney (for instance, her brother Brian) can inform the medical team about her preferences; for example, if she would not wish to receive a blood transfusion, or if she has specific desires about her end-of-life care.

Another scenario could be a person with advanced dementia who needs to move into a care home. If a Health & Welfare LPA is in place, their attorney can make this decision on their behalf, choosing a facility that best suits their needs and preferences, without the need for a lengthy and stressful court application.

Next: Now you know about the two kinds of LPA, click here to find out how to make one yourself.

Lasting Powers of Attorney – A Simple Guide

IV. Health and Wellbeing LPAs