Lasting Power of Attorney is where you give someone you trust the ability to make important decisions on your behalf. They will have legal authority to handle your affairs, together with guidance and instructions on how they should act.
You can prepare LPA’s for Financial and Property, and/or Health and Welfare which is making decisions on your medical treatment.
Should you no longer have mental capacity, you would need a court-appointed deputy if you’re not able to make your own decisions relating to your personal financial, health and welfare.
There would be a charge to apply to the court, (currently £400 per application) and if required a hearing fee (currently £500) There is also an annual supervision fee currently £320 for general supervision, and a £100 assessment fee if its a new deputy. That's a minimum of £800 application fees plus annual supervision fees per person to have someone appointed to make financial and health decisions for you. The person applying for this responsibility may not even be your preferred choice of Deputy. https://www.gov.uk/become-deputy/fees
As long as you are 18 or over and have mental capacity and the ability to make your own decisions, you can make your lasting power of attorney now.
A lasting power of attorney is a legal document that lets you (the ‘donor’) appoint people you trust (known as ‘attorneys’) to make decisions on your behalf and it could be used if you became unable to make your own decisions.
There are 2 types of lasting power of attorney, Health & Welfare, and Property & Financial Affairs
You can choose to make one type or both.
Health and welfare lasting power of attorney
This allows you to choose one person or more to make decisions about things like your daily routine e.g. eating and what to wear, medical care, moving into a care home and life-sustaining treatment. This type of lasting power of attorney can only be used when you’re unable to make your own decisions.
Property and financial affairs lasting power of attorney
This lets you choose one person or more to make decisions about money and property for you, e.g. paying bills, collecting benefits and selling your home. This type of lasting power of attorney can be used as soon as it’s registered, with your permission.
Arranging these before you lose capacity can save hundreds of pounds, and ensure that you choose someone you trust to make decision for you. Someone with the same mindset as you which is very important, particularly when it comes to end of life care.
Contact me to save yourself potentially hundreds of pounds by having these in place
before they are needed.
An advanced decision to refuse treatment is a set of instructions from you to your medical team. It sets out the specific circumstances in which you would not want certain treatments or want a particular treatment to be stopped.
An advance decision is a way of making sure that everyone knows how far you want treatment to go when you can’t make decisions for yourself. It only comes into effect if this happens. It means knowing you’ll be in control at a point in your life when you can’t easily communicate your wishes. It sets out your views about particular treatments and approaches to your care. It can also help avoid disagreements within your family or with your healthcare team. An advance decision can’t be used to refuse any basic care you might need to keep you comfortable. This includes food, fluids or pain control. It also can’t be used to request that your life be brought to an end.
An advance decision can be made by anyone over 18 years old. It is legally binding in England and Wales. Your doctor has to check that it’s valid and that it applies to decisions that have to be made at the time.